Order unanimously modified, on the facts and in the exercise of discretion, so as to dismiss the complaint unconditionally, and, as so modified, affirmed, with $20 costs and disbursements to appellant, and judgment directed to be entered in favor of defendant dismissing the complaint, with costs.
Counsel's explanation of the three years and nine-months' delay in bringing the case on for trial due to the failure of trial counsel to act diligently does not satisfy the...
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