Order, entered on July 10, 1961, granting defendant's motion to dismiss the complaint for failure to prosecute unless plaintiff served and filed a note of issue for the September 1961 Term, 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...
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