Kass v. D'Aiuto , 1963 N.Y. App. Div. LEXIS 2633 ( 1963 )

In a negligence action to recover damages for personal injury, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, dated June 21, 1962, which granted defendant’s motion to dismiss plaintiffs’' complaint for lack of prosecution. Order affirmed, without costs (cf. Keating v. Smith, 20 A D 2d 141). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.