Cahn v. Raimonda

In an action to recover damages inter alia for alleged malicious prosecution, defendant Joseph Guttman appeals from an order of the Supreme Court, Suffolk County, entered January 24, 1972, which, in granting his motion to dismiss the complaint as against him, pursuant to CPLR 3216 and for unreasonably neglecting to prosecute the action, did so only conditionally, i.e., in the event plaintiffs failed to serve the original executed transcript of the pretrial deposition of plaintiff Robert L. Cahn, together with a note of issue, within a stated period of 60 days. Order modified, in the exercise…