The plaintiff seeks to recover for injuries sustained in an assault on him which occurred August 17, 1964 while he was a patron of defendant's tavern. The summons was served August 9, 1967. The complaint served September 5, 1967 and issue was joined September 29, 1967. The case not having been noticed for trial, a 45-day notice was sent to plaintiff's attorney October 8, 1969 and a motion dated December 4 and returnable December 22, 1969 sought dismissal. At the time of denying...
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