Colombik v. Heinrich

In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Westchester County, dated March 17, 1959, which granted his motion to dismiss the complaint for lack of prosecution, unless the cause was restored to the calendar and a note of issue together with a statement of readiness was filed for a specified term of the court. Order reversed, without costs, and motion denied, without costs, and without prejudice to a further motion at Special Term, as indicated herein. The ease was marked off the calendar on October 2, 1957. Not having been…