Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court granted the defendant's motion to dismiss the complaint based upon the plaintiff's failure to comply with a 90-day demand to file a note of issue (see CPLR 3216 [b]). However, in light of the strong policy favoring disposition of actions on the merits, the fact that plaintiff demonstrated a meritorious...
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