Plaintiff-respondent shall recover of defendant-appellant $60 costs and disbursements of this appeal. Under the circumstances herein, the denial of the defendant insurance company's motion to dismiss because the notice of trial was filed 47 days after the 45-day notice was served, did not constitute an abuse of discretion. There appears to be merit in plaintiff's action and as aptly observed by the Appellate Term: "If plaintiff's affidavits are true, the record is persuasive...
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