Order, entered on January 8, 1963, granting defendant's motion to dismiss the complaint for failure to prosecute "unless plaintiff serves and files a note of issue for the March, 1963 term", unanimously modified on the law and on the facts, and in the exercise of discretion, to grant the motion to dismiss the complaint unconditionally, and as so modified affirmed, with $20 costs and disbursements to appellant; and judgment directed to be entered in favor of defendant dismissing...
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