Appellate Division of the Supreme Court of the State of New York November 4, 1963 (Miot v. JoCarl Realty Corp.)

In an action to recover damages for personal injury, both defendants appeal from an order of the Supreme Court, Kings County, dated April 3, 1962, which granted plaintiff’s motion to vacate the prior orders dismissing the complaint against the defendants for lack of prosecution, on condition that plaintiff pay to each defendant $25 for its expenses.