Order affirmed, with $50 costs and disbursements.
This action was commenced on August 12, 1971, issue was joined by defendant-appellant on November 24, 1971, and the plaintiff's bill of particulars was executed in February, 1974. The appellant served a 45-day notice on May 9, 1975, and the codefendant Methodist Hospital served a 45-day notice on June 3, 1975. Thereafter, both of these defendants moved to dismiss for failure to prosecute by motion returnable September...
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