Ordered that the order is affirmed insofar as appealed from, with costs.
On February 14, 2003, the Supreme Court issued an order stating that the "matter [was] certified ready for trial." The plaintiff was directed to file a note of issue within 90 days, on penalty of automatic dismissal without further court order. However, as reflected in a "so-ordered" stipulation executed on February 14, 2003, the parties were far from completing discovery, and the Supreme Court...
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