Order, entered November 24, 1964, denying defendant's motion under CPLR 3216 to dismiss the complaint for failure to prosecute, unanimously reversed on the law, on the facts, and in the exercise of discretion, with $30 costs and disbursements to the appellant, and the motion granted, with $10 costs.
In this personal injury negligence action the only explanation for the delay of over four-and-a-half years in prosecuting this action is that the file in the office of...
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