Breitel, J. P. Defendant in a personal injury negligence action appeals from an order denying his motion to dismiss the complaint for failure to prosecute. The motion was made under the then section 181 of the Civil Practice Act (now CPLR 3216). The accident occurred September 7,1959, although both briefs refer to it as having occurred in 1957. The action was begun November 11, 1960, and issue was joined Decembe…
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