Demand for bill of particulars has remained unanswered. There is no affidavit of merit submitted on behalf of the plaintiff, nor is there any statement to show that plaintiff intends to diligently prosecute the action. The failure to notice the case for trial for two and one-half years after joinder of issue required the exercise of the court's discretion to dismiss the action for lack of prosecution under such circumstances.
Order unanimously reversed, with $20 costs...
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