Ordered that the order dated March 23, 2006 is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and those branches of the motion which were, in effect, pursuant to CPLR 5015 (a) (5) to vacate the order dated November 20, 2001, dismissing the action as abandoned, and pursuant to CPLR 3404 to restore the action to the trial calendar, are granted.
The Supreme Court improvidently exercised its discretion in denying that branch...
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