Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is denied, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The plaintiff failed to comply with a compliance order dated February 24, 2004, which directed him to file a note of issue by a date certain. Contrary to the plaintiff's contention...
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