Opinion
July 15, 1957
In an action to recover damages for wrongful death and for conscious pain and suffering, the appeal is from an order denying a motion to dismiss the complaint for lack of prosecution on condition that respondent file a note of issue for the next available term. Respondent complied with that condition. Order affirmed, with $10 costs and disbursements. No opinion.
In our opinion respondent unreasonably delayed in prosecuting this action. The excuse offered is inadequate and untenable.