Appellate Division of the Supreme Court of the State of New York April 5, 1982 (Kantrowitz v. Adelsberg)

In an action to recover damages for wrongful death and conscious pain and suffering, defendants appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated January 14, 1981, which (1) granted plaintiff Kantrowitz’ motion to direct defendants to appear for examinations before trial, and (2) denied their cross motion, to dismiss the action for failure to prosecute.