Order modified in the exercise of discretion by striking out its decretal paragraph, and by substituting therefor a paragraph granting unconditionally defendant's said motion. As so modified, order affirmed, without costs.
Plaintiffs failed to submit any papers explaining their failure, for a period of 34 months after joinder of issue, to notice the case for trial. Nor did plaintiff file an affidavit of merits. Under the circumstances, there was no basis for the exercise...
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