Order affirmed, with $10 costs and disbursements.
Memorandum:
While it must be conceded that the plaintiff was dilatory in the prosecution of his action after the case was before this court the second time, yet we think there was no abuse of discretion on the part of the Special Term in denying the defendant's motion to dismiss. The defendant failed to serve a copy of the order of affirmance upon plaintiff's attorney. The Special Term had the right to consider...
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