Opinion
May 1, 1972
In a negligence action to recover damages for property injuries, plaintiff appeals from an order of the Supreme Court, Kings County, dated April 5, 1971, which denied its motion (1) to vacate a dismissal of the action because of failure to file a statement of readiness, (2) to restore the action to the trial calendar and (3) for leave to file a statement of readiness nunc pro tunc. Order reversed, without costs, and motion granted, on condition that plaintiff's attorney shall personally pay $250 costs to defendant. Said payment shall be made within 20 days after service of a copy of the order to be made hereon, with notice of entry. In our opinion, the facts warrant the granting of plaintiff's motion, upon the conditions set forth above ( Bacharach v. Bacharach, 39 A.D.2d 542). Hopkins, Acting P.J., Latham, Shapiro, Gulotta and Benjamin, JJ., concur.