Neyra y Alba v. Pelham Foods, Inc.

Order, Supreme Court, Bronx County, entered May 30, 1974, denying defendants-appellants’ motion and cross motion to dismiss the complaint for failure to prosecute, unanimously modified, on the law and the facts and in the exercise of discretion, to deny the motions on condition that a total of $250 ($125 to each of the two defendants-appellants) be paid personally by the attorneys for the plaintiff to the defendants-appellants and, as so modified, affirmed, without costs or disbursements. In the event *761such condition is not complied with, then the order is unanimously reversed, on the law and…