Grofsick v. Babbitt , 190 N.Y.S.2d 627 ( 1959 )

In an action to recover damages for conspiracy and fraud, and to impress a trust upon real property, the appeal is from so much of an order as conditions the granting of appellants’ motion to dismiss the second amended complaint for lack of prosecution (Rules Civ. Prac., rule 156) upon respondent’s failure to notice the action for trial for a stated term. Order insofar as appealed from affirmed, without costs. No opinion. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.