Graham v. Chester

Order, Supreme Court, Bronx County, entered January 10, 1977, which, to the extent appealed from, denied defendant’s cross motion to dismiss pursuant to CPLR 3215 (subd [c]), is unanimously reversed, without costs and without disbursements, on the law and the facts, and the defendant’s cross motion to dismiss is granted unless plaintiffs’ attorneys pay $500 to the defendant within 30 days of service upon plaintiff of a copy of the order to be entered herein with notice of entry. If such condition is met, the order is affirmed, without costs and without disbursements. In this wrongful death…