Wilson v. Boerum Auto Service, Inc.

In an action to recover damages for personal injuries, defendant appeals, by permission of the Appellate Term of the Supreme Court, from an order of said court, entered July 16, 1965, which affirmed an order of the Civil Court of the City of New York, County of Kings, entered February 26, 1965, denying defendant’s motion to dismiss the action for failure to prosecute. Orders of the Appellate Term and of the Civil Court reversed, without costs; motion to dismiss granted and complaint dismissed, without costs. Defendant’s motion was denied because of its failure to show that it had served the…