Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in adhering to its original determination denying the defendants' motion to dismiss the complaint insofar as asserted against them. Although the plaintiff failed to follow a court order directing her to file a note of issue within 90 days, she demonstrated both a justifiable excuse for the delay and a meritorious cause of action. Accordingly...
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