Smith v. Rosenfeld

Order, so far as appealed from, unanimously modified so as to grant the motion to dismiss unconditionally and, as so modified, affirmed, with $20 costs and disbursements to the appellants. (See Hyde é Sons v. Boiler Derby Skate Co., 1 A D 2d, 942.) The clerk is directed to enter judgment in favor of the defendants dismissing the complaint for failure to prosecute, with costs. No opinion. Concur — Peek, P. J., Breitel, Botein, Valente and Bergan, JJ.