Order entered on November 4, 1960, granting defendant's motion to dismiss the complaint for failure to prosecute unless plaintiff serves and files a note of issue for the January 1961 Term of the Supreme Court, Bronx County, unanimously modified, on the facts and in the exercise of discretion, so as to dismiss the complaint unconditionally, with $10 costs, and, as so modified, affirmed, with $20 costs and disbursements to appellant, and judgment directed to be entered in...
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