Nappi v. St. John's Cemetery

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County, entered July 10, 1979, which granted the defendants’ motion pursuant to CPLR 3216 to dismiss the action for failure to prosecute the same. Order reversed, without costs or disbursements, and the motion to dismiss is denied on condition that the plaintiff’s attorney, personally, pay the total sum of $250 to the defendants within 30 days after service upon him of a copy of the order to be made hereon, together with notice of entry thereof. In the event such…