Opinion
December 20, 1961
In a negligence action to recover damages for personal injuries and loss of services: (1) the defendant Feldman appeals from an order of the Supreme Court, Queens County, dated October 7, 1960, granting, on reargument, plaintiffs' motion to vacate the dismissal of the action (such dismissal having been effected pursuant to rule 302 of the Rules of Civil Practice) and to restore the action to the Trial Term Calendar for a day certain; and (2) both defendants Feldman and Kaplan appeal from a further order of said court, dated June 28, 1961, denying their motion to strike the case from the calendar and dismiss the complaint for failure to file a Statement of Readiness and granting plaintiffs' cross motion for permission to file a Statement of Readiness, nunc pro tunc. Orders affirmed, without costs. No opinion. Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.