By order entered April 15, 2003, the complaint was dismissed upon plaintiff's default in opposing defendant's motion seeking such relief as a CPLR 3126 disclosure sanction; by order to show cause dated December 19, 2003, plaintiff moved to vacate that order on the ground that his default was due to excusable law office failure; by order dated July 6, 2004, plaintiff's motion was denied, the court stating that although it was "inclined" to grant the motion since defendant...
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