Opinion
March 22, 1971
In this negligence action to recover damages for personal injuries, defendant George Ritzler appeals from an order of the Supreme Court, Queens County, dated October 13, 1970, which granted plaintiffs' motion for reargument and vacated the dismissal of the action, permitted plaintiffs to file a statement of readiness nunc pro tunc and restored the action to its original position on the trial calendar. Order reversed, on the law and the facts and in the exercise of discretion, with $50 costs and disbursements, and motion denied. The record discloses inordinate delay by plaintiffs in noticing the case for trial and in applying to vacate their default in filing a statement of readiness. As a result of that default, their action was dismissed on May 6, 1968 pursuant to CPLR 3404 and the rules of this court (22 NYCRR 675.8). Martuscello, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.