Order reversed, on the law and the facts, with $10 costs and disbursements; defendant's motion granted; and plaintiff's cross motion denied.
Under the circumstances disclosed by the record, the denial of defendants' motion to dismiss the action was an improvident exercise of discretion by the Special Term. The excuse offered by plaintiff's attorney, to wit, that extensions of time lulled him into believing the complaint had already been served, is inadequate to justify...
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