It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.
Memorandum:
The narrow issue before us on this appeal is whether a prior order of dismissal for a discovery default is to be given res judicata effect when it was not preceded by a preclusion order and does not specify that the dismissal is on the merits, or whether that order permits the commencement of another action instituted within the applicable period...
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