Orders dated December 7, 1977 and March 9, 1978, affirmed insofar as appealed from, without costs or disbursements. Order dated July 26, 1978, modified to the extent that the cross motion of defendant Di Benedetto is granted as to him and the action against him is dismissed for failure to prosecute pursuant to the conditional order of December 7, 1977. As so modified, order affirmed, without costs or disbursements.
The mere denial by plaintiff that he had ever received...
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