Order conditionally granting motion to dismiss action for failure to prosecute modified, on the facts and in the exercise of discretion, to delete the condition and the motion granted, with $10 costs to defendant-appellant, with $20 costs and disbursements of the appeal to the appellant.
There has been insufficient excuse presented for the repeated delays in this case, despite prodding by defendant. Moreover, while there is an affidavit by the plaintiff, it is completely...
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