Kashti v. City of New York

— In an action *854to recover damages for personal injuries, etc., defendant Crawford appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Rubin, J.), dated December 13, 1983, as denied those branches of his motion which sought an order striking plaintiffs’ note of issue and dismissing the complaint as to him pursuant to CPLR 3216 for failure to timely prosecute the action.

Order modified, as a matter of discretion, by adding thereto a provision conditioning the denial of the aforenoted branches of defendant Crawford’s motion upon payment of $500 by…