Order, insofar as appealed from, reversed with $10 costs and disbursements; the condition above quoted is struck out; and defendant's motion to dismiss the complaint is granted unconditionally, without prejudice however, to a prompt application by plaintiff at Special Term to vacate this unconditional dismissal; such application to be based on proper affidavits showing good cause for the abnormal delay in the prosecution of the action and showing factually its merits.
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