Miot v. JoCarl Realty Corp.

Motion by defendant JoCarl Realty Corp. for reargument granted. On reargument the decision of this -court dated November 4, 1963 (19 A D 2d 889) is amended to read as follows: “In an action to recover damages for personal injury, both defendants appeal from an order of the Supreme Court, Kangs County, dated April 3, 1962, which granted plaintiff’s motion to vacate the prior orders dismissing the complaint against the defendants for lack of prosecution, on condition that plaintiff pay to each defendant $25 for its expenses. Order of April 3, 1962 reversed, without costs, and plaintiff’s motion…