Busby v. 150th Street Garage Corp.

— Order, Supreme Court, New York County (H. Schwartz, J.), entered June 19, 1981 and February 18, 1982, respectively, *719denying defendant Hawkins’ motion to dismiss the complaint for failure to prosecute, are reversed, on the law and the facts, without costs, and the motion to dismiss the complaint as against defendant Hawkins for failure to prosecute, is granted. In this wrongful death action, the death occurred in April, 1978, the summons was served on defendant Hawkins on July 13, 1979, and his answer was served on October 2, 1979. On January 30, 1981, defendant Hawkins served by mail a…