Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion to vacate the dismissal of the action and to restore the action to the active calendar is denied.
In a compliance conference order dated November 12, 2003, the Supreme Court directed the plaintiff to file a note of issue on or before February 11, 2004 and warned that the action would be deemed dismissed if the plaintiff failed to comply. Counsel...
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