Order modified by striking from the first decretal paragraph everything following the words that the motion is "granted". As so modified, order affirmed, with $10 costs and disbursements to defendant.
Defendant moved to dismiss the action one year after service of its notice of appearance and demand for complaint. Plaintiff failed to oppose the motion, offering neither an excuse for his delay nor an affidavit of merits. Accordingly, the motion to dismiss the action...
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