It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law and in the exercise of discretion with costs, the motion is granted and the complaint against defendant Mark B. Ryczek is dismissed unless plaintiff serves and files an affidavit of his Florida physician within 30 days of service of a copy of the order of this Court with notice of entry, in which event the order is affirmed without costs.
Memorandum...
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