Judgment unanimously reversed, with costs, and motion denied.
Memorandum.
It was an improvident exercise of discretion for Special Term to vacate plaintiff's note of issue and statement of readiness and to dismiss his complaint for failure to prosecute. Two of the defendants, Morgia's and Bell, had noticed plaintiff for an examination before trial (E.B.T.) and Bell had requested a physical examination of plaintiff. Because of the unavailability of defense...
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