Ordered that the judgment is modified, on the facts and in the exercise of discretion, by adding a provision thereto stating that the dismissal of the action shall be without prejudice to the re-serving of the summons and complaint within 120 days after service upon the plaintiff of a copy of this decision and order with notice of entry; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the plaintiff's motion which was pursuant to CPLR...
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