In this action for personal injuries sustained by plaintiffs arising out of a motor vehicle collision on September 13, 1965, I would modify the order appealed from, to the extent of granting the motion to vacate dismissal on condition that plaintiffs stipulate to the removal of the cause to the Civil Court as provided in CPLR 325 (subd. [c]). The action was commenced on April 15, 1966 and a general preference denied on April 5, 1968. Since...
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