Order entered January 8, 1962, granting plaintiff's motion to reargue and upon such reargument denying defendant's motion to dismiss the action for failure to prosecute, unanimously modified, on the law, the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, to the extent of adhering to the original decision which had granted the motion to dismiss.
The purported affidavits of merits submitted on plaintiff's behalf do not satisfactorily...
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