Order unanimously reversed, with costs, and motion denied.
Memorandum:
This action was commenced on October 25, 1965 for a judgment declaring that plaintiff was not legally obligated to defend defendant Rigby in an action brought against him by Michael Dmytrenko for injuries sustained on January 7, 1965. On December 6, 1967 the action was removed from the calendar and placed on the general docket and on December 6, 1968 it was deemed abandoned (CPLR 3404)...
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