Dooley v. Gray

— In a libel action, the plaintiff appeals from an order of the Supreme Court, Westchester County, dated March 26, 1964, which granted the defendants’ motion to dismiss the complaint fór lack of prosecution. Order reversed, with $10 costs and disbursements to plaintiff, and motion to dismiss the complaint denied. Such denial, however, is with leave to renew the motion in the event that, within 90 days after entry of the order hereon, there has been a failure: (a) to effect a substitution of parties in place of the deceased individual defendant; (b) to complete all preliminary proceedings; and…