Powell v. Becker Truck Renting Corp.

In a negligence action to recover damages for injury to person and property, defendant Becker Truck Renting Corp. appeals from an order of the Supreme Court, Nassau County, dated March 25, 1963, which: (1) denied its motion to dismiss the action for failure to serve a complaint and for lack of prosecution (former Civ. Prac. Act, §§ 181, 257; former Rules Civ. Prac., rule 156); and (2) granted plaintiffs leave to serve a complaint within a specified time. Order reversed, without costs; motion to dismiss action granted; and complaint dismissed, with leave to plaintiffs to move at Special Term…