Appellate Division of the Supreme Court of the State of New York June 18, 1963 (Coban v. Wil-Sade Realties, Inc.)

Order, entered on January 8, 1963, granting defendant’s motion to dismiss the complaint for failure to prosecute “unless plaintiff serves and files a note of issue for the March, 1963 term”, unanimously modified -on the law and on the facts, and in the exercise of discretion, to grant the motion to dismiss the complaint unconditionally, -and las so modified affirmed, with $20 costs and