Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the action is dismissed.
The record reveals that the within action for chiropractic malpractice, originally commenced in 1983, twice appeared on the court's trial calendar in 1989, during which time the parties began to select a jury. The case was stricken from the trial calendar on both occasions and the juries selected were disbanded at the plaintiffs...
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