Order entered March 24, 1958 modified by striking therefrom everything following the words "hereinabove referred to" in the first ordering paragraph. As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellant. Inasmuch as the delay of 43 months, after joinder of issue, in bringing the action to trial in Dutchess County is not satisfactorily explained, the dismissal should have been absolute. Appeal from order entered November 27...
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