Speier v. St. Francis Church

In an action to recover damages for personal injuries, the appeal is from an order granting a motion to dismiss the complaint for lack of prosecution. Appeal purporting to be by Marie Speier dismissed, without costs, and without prejudice to an application, on papers showing a meritorious cause of action and that the delay was excusable and not prejudicial, by an appropriate representative, after appointment as such, for his substitution as a party plaintiff in place of Marie Speier, for the vacation of the dismissal and the restoration of the action to the calendar. Order insofar as it…