Order unanimously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the cross motion to modify the order of preclusion is denied; and the motion by defendant to dismiss the complaint for failure to prosecute is granted and judgment is directed to be entered in favor of the defendant dismissing the complaint, with costs. Appeal dismissed.
Although this cause had been at issue for three and one-half years...
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