Opinion
November 27, 1961
In two consolidated actions to recover damages for personal injuries sustained by reason of the alleged tortious acts of defendants, the defendant in Action No. 1 appeals from so much of an order of the Supreme Court, Kings County, dated March 24, 1961, as denied her motion to dismiss the complaint in said action for lack of diligent prosecution (Civ. Prac. Act, § 181; Rules Civ. Prac., rule 156) on condition that plaintiff shall file a note of issue for the May 1961 Term. Order, insofar as appealed from, affirmed, without costs. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.