Ordered that the order is reversed, on the law, without costs or disbursements, and the motion of the nonparty appellant David Schreiber, as the assignee of the mortgage, to restore the action to the pre-note of issue calendar and amend the caption and pleadings to substitute himself as the plaintiff in place of Maspeth Federal Savings and Loan Association is granted.
Since the preconditions set forth in CPLR 3216 were not met, the Supreme Court was without power...
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