Order entered on December 15, 1961, granting plaintiff's motion for an examination before trial to perpetuate his own testimony and denying defendant's cross motion to dismiss the complaint for failure to prosecute, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to defendant-appellant, the motion denied and the cross motion to dismiss the complaint granted.
In this action for damages based on an alleged breach of a contract of...
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