Order reversed, insofar as appealed from, on the law, with $50 costs and disbursements, the provision which denied the appellant's motion to dismiss is deleted and the motion is granted, and the plaintiff's cross motion is denied as to the appellant.
The excuses proffered by plaintiff for his failure to serve a complaint until some five months after receiving a notice of appearance amount to nothing more than law office failure, and the action must, therefore, be...
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