Kantrowitz v. Adelsberg

In an action to recover damages for wrongful death and conscious pain and suffering, defendants appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated January 14, 1981, which (1) granted plaintiff Kantrowitz’ motion to direct defendants to appear for examinations before trial, and (2) denied their cross motion, to dismiss the action for failure to prosecute. Order reversed, on the law, with $50 costs and disbursements, motion denied, cross motion granted, and action dismissed. Plaintiffs’ attorney served the summons in this action on December 19, 1973, but failed to…