Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a determination of the motion on the merits.
Contrary to the conclusion of the Supreme Court, the motion for summary judgment was timely served. The note of issue filed on July 19, 2003, was vacated when the case was removed from the trial calendar on September 21, 2004 (see Alexander v. City of New York,
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