Order, entered on November 19, 1963, unanimously reversed, on the law and the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and motion to dismiss for lack of prosecution granted, with $10 costs.
This action to recover for personal injuries became at issue in May, 1960, but no note of issue was filed until this motion to dismiss was made in October, 1963. The duty of prosecuting this action rested upon the one who brought...
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