Order, entered on or about September 4, 1964, denying defendant's motion to dismiss for lack of prosecution, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, and the motion granted, with $10 costs.
The motion to dismiss was made on the ground of general delay and was not based on plaintiff's failure to serve and file a note of issue. Consequently, CPLR 3216 does not apply. (...
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