Procopio v. Crowley's Inc.
77 N.Y.S.2d 319
N.Y. App. Div.
1948
Check Treatment

In an action to recover damages for injuries to a motor truck, order granting, conditionally, defendant’s motion, under rule 156 of the Rules of Civil Practice, to dismiss for failure to prosecute, modified by striking from the ordering paragraph all the words following the word “ granted.” As thus modified, the order is affirmed, without costs. The denial of the motion was an improvident exercise of discretion. Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.