Forte v. Staples Construction Co.

In an action to recover damages for personal injury, defendant Staples Construction Co., Inc., appeals, as limited by its brief, from: (1) so much of an order of the Supreme Court, Nassau County, dated October 1, 1962, granting conditionally its motion to dismiss the complaint for lack of prosecution (former Civ. Prac. Act, § 181; Rules Civ. Prae., rule 156; cf. CPLR 3216), as permitted plaintiff to vacate the dismissal within 30 days “ upon a showing that the delay encountered in prosecution is excusable, and upon an affidavit of merits from the plaintiff”; and (2) from an order of said…