Appellate Division of the Supreme Court of the State of New York August 23, 1982 (Johnson v. Boro Medical Center Local No. 563)

In an action to recover damages for wrongful death and conscious pain and suffering, defendant appeals, (1) as limited by its brief, from so much of an order of the Supreme Court, Kings County (Bernstein, J.), dated June 1,1981, as denied its motion to dismiss the action for failure to prosecute pursuant to CPLR 3215 (subd [c]), and (2) from a further order of the same court (Shaw, J.