Ordered that the judgment is affirmed, with costs, so much of the order as granted the motion is vacated, and a provision denying the motion as unnecessary is added thereto.
This case was "marked off" the trial calendar on October 5, 1999. Accordingly, upon the plaintiff's failure to take any steps to restore the case, it was automatically dismissed on October 5, 2000, pursuant to CPLR 3404. Therefore, the subsequent motion by the defendant to dismiss the complaint...
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