Opinion
April 25, 1949.
In an action to recover damages for personal injuries, order granting defendant Katherina Volkert's motion to dismiss for lack of prosecution "unless the cause is immediately noticed for the next available term", modified on the law and the facts by striking from the ordering paragraph all the words following the word "granted", and, as so modified, the order is affirmed, with $10 costs and disbursements to appellants. In view of the long delay, in our opinion it was an improvident exercise of discretion to grant the motion conditionally. Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.