Prezio v. Milanese

Appeal from an order of the Rensselaer County Court which denied defendant’s motions (1) to dismiss the plaintiff’s complaint for lack of prosecution and (2) to sever the action against the defendant. It is alleged that the respondent was injured when the second-story floor collapsed in a building owned by appellant and coal stored there struck her on the head. Respondent brought this action against the appellant owner of the building and' the codefendant who stored the coal to recover damages for personal injuries. The accident is alleged to have occurred July 14, 1967. The summons and…