Von Diezelski v. Food Fair Stores, Inc.

In a negligence action to recover damages for personal injury, medical expenses and loss of services resulting from the female plaintiff’s fall in defendant’s store caused by an accumulation of ice and water on the floor near a watermelon display ease, plaintiffs appeal from an order of the Supreme Court, Queens County, dated May 21, 1962, which denied their motion (a) to vacate a dismissal of the action in December, 1957, pursuant to the provisions of subdivision (e) of rule II of the Queens County Supreme Court Rules, and of subdivision 2 of rule 302 of the Rules of Civil Practice; and (b)…