Appellant shall recover of respondent $30 costs and disbursements of this appeal.
A 45-day notice was served over 28 months after joinder of issue; when this brought forth no response after another six months, this motion to dismiss was made. Neither an affidavit of merit nor an excuse for delay was submitted in opposition, but a note of issue was filed a few weeks thereafter, the result of which was, Special Term held, to have "rendered academic" the motion to dismiss...
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