Ordered that the order is reversed, on the law, with costs payable by the respondents, and the motion to restore the action to the calendar is granted.
The plaintiff moved to restore this action to the calendar after it was, in effect, dismissed pursuant to CPLR 3216 for failure to file a timely note of issue pursuant to a compliance order dated April 15, 2008. Notably, the compliance order specifically advised that it did not constitute a CPLR 3216 notice. Thus,...
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