Order reversed, on the law and the facts, with one bill of $10 costs and disbursements against respondents jointly; appellant's motion granted; case restored to the calendar of Special Term, Part III, Kings County, for August 31, 1970; and motions of the plaintiff and the third-party defendant denied.
The Special Term was without power to grant the motions to dismiss for failure to prosecute, since the notice required by CPLR 3216 had not been served on the defendant...
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