Upon plaintiff-appellant's failure to comply with the foregoing condition, the order is unanimously affirmed, with $40 costs and disbursements to respondents. The reason for dismissal was nonappearance on the call of the Trial Calendar on a date over five years from joinder of issue and almost seven years after the alleged damage took place. However, we are persuaded to restore by the circumstance of death of plaintiff's counsel shortly before dismissal...
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