Order, entered April 1, 1964, unanimously modified, on the law and the facts, and in the exercise of discretion, with $30 costs and disbursements to the appellant, to dismiss unconditionally this action for failure of diligent prosecution, and defendant's motion in all respects granted, without costs. Appeal from order entered May 20, 1964, dismissed, without costs, as academic.
The accident, which was the basis of the personal injury action, occurred on or about...
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