Issue was joined in Action No. 1 on December 9, 1949, and in Action No. 2 on April 17, 1950. The order dismissing the complaints was made February 16, 1953. Plaintiffs' excuse for the delay was the absence of the attending physician for one of the plaintiffs. As pointed out by the Special Term, however, there was no explanation why plaintiff was not examined by another physician, and it does not appear that there is any reasonable prospect that the absent physician can ever...
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