Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and the motion is granted unconditionally.
More than 73 months elapsed between the time of service of the notice of appearance and demand for the complaint and the making of the motion to dismiss. In the absence of opposition to the motion, an excuse for the delay and an affidavit of merits, the failure to dismiss the action unconditionally was an improvident exercise of discretion...
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