Order entered February 6, 1967, granting defendant's motion to dismiss for lack of prosecution affirmed, with $30 costs and disbursements to respondent.
Plaintiff failed to comply with a 45-day notice to file a note of issue pursuant to CPLR 3216. We cannot say that Special Term's refusal to overlook plaintiff's default constituted an abuse of discretion.
Plaintiff instituted this personal injury action on December 2, 1965...
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