Opinion
November 13, 1961
In an action to recover damages for personal injuries sustained in a fall on an allegedly defective stairway in premises owned and operated by the defendants, the latter appeal from an order of the Supreme Court, Queens County, dated February 28, 1961 and entered March 1, 1961, which granted their motion to dismiss the action for lack of prosecution "unless plaintiff notices this action for the April, 1961 Trial Term". Defendants contend that their motion to dismiss should have been granted unconditionally. Order affirmed, without costs. No opinion. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.