Order unanimously reversed, with costs and motion granted, with $10 costs, and the so-called first cause of action which plaintiff claims was abandoned reinstated and restored to the calendar.
Memorandum:
It is asserted by defendant, and not controverted by plaintiff, that a summons and complaint was served on defendant by plaintiff December 20, 1962; that issue was joined by service of an answer January 21, 1963; that on January 21, 1963 defendant served...
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