Opinion
December 27, 1960
In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County, dated April 5, 1960, granting plaintiffs' motion: (a) to vacate the dismissal of the action under rule 302 of the Rules of Civil Practice, and (b) to restore the action to the Trial Term Reserve Calendar. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Christ, Pette and Brennan, JJ., concur; Beldock, J., dissents and votes to reverse the order and to deny the motion.