Appellate Division of the Supreme Court of the State of New York, Third Department.
MEMORANDUM BY THE COURT.
Under the circumstances appearing and in view of the showing of merit, excuse and absence of willfulness, there is no reason to disturb Special Term's discretion. It would seem that the action should take its original position on the calendar and that the parties should be prepared to proceed when it is reached for trial.
Order affirmed...
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