Order reversed, without costs, and motion denied.
The case was dismissed on May 25, 1963, after a year had passed without plaintiff's filing a new note of issue. Admittedly, plaintiff's former attorney became aware of the dismissal in 1965 and plaintiff became aware of it in 1968. The present motion was not made until February, 1970. In our opinion, the granting of the motion was an improvident exercise...
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