Order entered on May 2, 1962, granting defendant-respondent's motion to dismiss for failure to prosecute, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, and the motion denied.
For more than five years, plaintiff was unable to proceed with this action for fraudulent conspiracy because it could not locate, and serve, a codefendant, who was believd to be a necessary party, although not an indispensable party in the technical...
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