Opinion
June 12, 1967
Two orders of the Supreme Court, Kings County, dated December 14, 1965 and February 24, 1966, respectively, the latter on plaintiff's motion to resettle the former, both of which conditionally granted defendant's motion to dismiss the complaint pursuant to CPLR 3216, reversed, with $10 costs and disbursements, defendant's motion granted unconditionally and plaintiff's motion for resettlement denied. On the record presented, it was an improvident exercise of discretion not to grant defendant's motion unconditionally. Beldock, P.J., Brennan, Hopkins, Munder and Nolan, JJ., concur.