Defendant moves, pursuant to rule 3216 of the Civil Practice Law and Rules for an order dismissing the complaint herein for unreasonable neglect to prosecute. Issue was joined on April 10, 1962. Shortly thereafter plaintiff was convicted of a felony and incarcerated in a State prison.
The motion came on for hearing on January 28, 1964. Plaintiff was granted an opportunity to submit an affidavit of merits. The affidavit of...
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