Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was to vacate the dismissal of the action as against the appellant is denied, and the action against the remaining defendant is severed.
The action was dismissed when the plaintiff's counsel failed to appear at a final pretrial conference. To be relieved of the default in appearing at the conference, the plaintiff was required to show both...
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