Appellate Division of the Supreme Court of the State of New York February 9, 1965 (Weeks v. Jankowitz)

Order, entered November 24, 1964, denying defendant’s motion under CPLR 3216 to dismiss the complaint for failure to prosecute, unanimously reversed on the law, on the facts, and in the exercise of discretion, with $30 caste and disbursements to the appellant, and the motion granted, with $10 costs.