Order unanimously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, the dismissal of the action pursuant to rule 302 of the Rules of Civil Practice is vacated, and the motion to restore the case to the calendar granted, with $10 costs.
This action, to recover moneys which plaintiff claims were paid under duress, was commenced in October, 1951. Issue was joined in January, 1952. A note of issue was filed for...
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