Kronish v. Seagate Garage, Inc.

In a negligence action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Kings County, dated August 9, 1961, as conditionally granted its motion to dismiss the complaint for lack of prosecution; the condition being that “unless a note of issue is filed for the September 1961 Term of this Court,” the motion is then granted. Order, insofar as appealed from, reversed' with $10 costs and disbursements; the condition above quoted is struck out; and defendant’s motion to dismiss the complaint is granted unconditionally, without prejudice…