Moran v. Rynar

In a negligence action to recover damages for personal injuries, defendant Rynar appeals from an order of the Supreme Court, Bangs County, dated August 23, 1971, which (1) granted plaintiff’s motion to reargue a prior motion by said defendant to dismiss the complaint because of plaintiff’s failure to serve and file a note of issue and (2) thereupon granted said motion to dismiss the complaint unless plaintiff would file a note of issue within five days after service of said order with notice of entry. Order modified) by adding thereto a provision imposing $250 costs on plaintiff’s attorney,…