Order, entered September 8, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, and plaintiff's motion to vacate order of dismissal denied, with $10 costs.
The plaintiff allegedly sustained injuries in a fall on a sidewalk in February, 1960. This action was commenced in February, 1963, two days before the action would have been barred by the Statute of Limitations; but, notwithstanding...
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