Appeal by plaintiffs from so much of said order as denied their cross motion for a change of venue dismissed, as academic.
The legislative intent in the 1967 enactment of new CPLR 3216 (L. 1967, ch. 770) motivates application of that enactment to the case at bar. However, plaintiffs' failure to file a note of issue or to justify their failure, coupled with the absence of an affidavit as to the merits of their action,
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