Opinion
July 5, 1961
In an action by a wife to recover damages for personal injuries as a result of an alleged breach of express warranty and as a result of alleged false and fraudulent advertising; and by her husband to recover damages for loss of services and medical expenses, the defendant Doherty corporation appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County, dated November 16, 1960, as permitted plaintiffs to place the action on the Trial Calendar for the term beginning January 2, 1961, as a condition to the denial of its motion to dismiss the complaint for lack of prosecution. Said defendant contends that its motion to dismiss should have been granted unconditionally. Order affirmed, with $10 costs and disbursements. No opinion. Beldock, Acting P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.