Devlin v. 80-34 Avenue Corp.

In a negligence action to recover damages for personal injury, the defendant appeals from so much of an order of the Supreme Court, Queens County, dated March 28, 1963: (1) as denied its motion to dismiss the action for lack of prosecution upon condition that the plaintiff notice the action for trial at the next available term immediately after she has completed the defendant’s pretrial examination; and (2) as directed defendant to appear for such examination by plaintiff on a specified date. Order, insofar as appealed from, reversed without costs; and defendant’s motion to dismiss the action…