Opinion
December 18, 1961
In a negligence action to recover damages for personal injuries, the corporate defendant and the individual defendant Harry Brody appeal from an order of the Supreme Court, Kings County, dated March 14, 1961, denying their motion pursuant to rule 156 of the Rules of Civil Practice and section 181 of the Civil Practice Act, to dismiss the complaint for lack of prosecution "on condition that the plaintiff [shall] file a note of issue for the next available Term of the Court." Order affirmed, without costs. On this record it does not appear that the Justice of Special Term abused his discretion in denying the motion upon the condition stated. Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.