Order reversed, without costs, motion granted and complaint dismissed, without costs, all without prejudice to a motion by plaintiff to vacate the dismissal of the complaint on facts not disclosed in this record, as indicated hereinbelow.
The proffered explanation by plaintiff's attorney, that in the course of moving his office his file of this case was misplaced, is insufficient to excuse the 71-month delay in the prosecution of the action (Fishbein v. Hertz Corp...
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