Ordered that the order is affirmed, with costs.
Contrary to the appellant's contention, under the circumstances of this case, the Supreme Court providently exercised its discretion in vacating the order dated April 4, 2000, dismissing the complaint. The court had previously issued a conditional order dated November 24, 1997, which stated, in relevant part, that the appellant's motion "to strike the Complaint pursuant to C.P.L.R. § 3126 for plaintiff's failure...
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