Order, entered on February 9, 1961, withdrawing an earlier decision and granting reconsideration and a denial of defendant's original motion to dismiss the complaint for lack of prosecution, unanimously reversed, on the law, the facts and in the exercise of discretion, as to so much of said order as denies the original motion to dismiss the complaint, and said complaint is dismissed, with $20 costs and disbursements to defendant-appellant.
Although issue was joined...
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