Opinion
January 29, 1962
In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Nassau County, dated June 29, 1961, and entered in Suffolk County on July 6, 1961, which conditionally denied their motion to dismiss the complaint for lack of prosecution, pursuant to rule 156 of the Rules of Civil Practice; the condition being that, within 20 days after notice of entry of the order, plaintiff shall notice the action for trial at the next available term. Order affirmed, with $10 costs and disbursements. No opinion. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.