Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs.
Memorandum:
This action to recover damages for personal injuries, under the Civil Rights Law, was commenced in Oneida County Court on July 21, 1958. Issue was joined on September 24, 1958 and a note of issue was served on May 28, 1959 for the September Term of court. Thereafter and until January 1961 the action was marked "over" for seven times and was...
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