Kurtin v. Cating Rope Works, Inc.

— In a negligence and breach of warranty action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Kings County (Aronin, J.), dated March 17,1982, which, upon plaintiff’s motion to vacate a 90-day notice to resume prosecution of the action served by defendants and defendants’ cross motion pursuant to CPLR 3216 (subd [b], par [3]) to dismiss the action for failure to prosecute, inter alia, denied defendants’ cross motion on condition that plaintiff serve and file a note of issue and statement of readiness within 15 days after service upon plaintiff…