Costa v. Chapkines

This is an appeal from the denial of a motion to vacate the dismissal of plaintiffs’ action for want of prosecution. The action was brought on January 9, 1959, for personal injuries allegedly occurring on September 21, 1957. By order of Chief Judge Ryan on the Review Calendar Call dated December 20, 1960, the action was to be dismissed if a note of issue was not filed within six months. No action having been taken by plaintiffs, the order of dismissal was entered on June 28, 1961. Sixteen months later, *542on October 22, 1962, a motion was made to vacate the dismissal which was denied.

Appellants…