Opinion
November 13, 1961
In an action by a licensed real estate broker to recover damages which he sustained by reason of being fraudulently deprived of his commission on the sale of two parcels of real estate, defendant Meyer Kruglin (the purchaser) appeals from an order of the Supreme Court, Kings County, dated June 22, 1961, denying his motion, pursuant to section 181 of the Civil Practice Act, to dismiss the complaint for lack of prosecution. Plaintiff had served a note of issue for the May 1961 Trial Term. Shortly thereafter defendant Kruglin made his motion to dismiss. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.