Order, entered on August 22, 1962, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs.
Special Term recognized that the delay was inordinate and the excuse offered insufficient. Relief was nevertheless denied because defendant did not show that it was unduly prejudiced. Such...
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