ROSENBERG v. PUBNICO REALTY CORPORATION

Order granting motion to dismiss an action for failure to prosecute modified by striking therefrom the words "unless the plaintiff causes the case to be placed on the calendar for the December, 1939, term of this court for trial, and pays the sum of Ten Dollars ($10) costs to the defendant;" and, as thus modified, the order is affirmed, with ten dollars costs and disbursements to the appellant. ( Farber v. Broadco Holding Corp., 256 App. Div. 833; Gellman v. Coulawtas, 253 id. 910; Wheeler v. Duell, 230 id. 392.) Lazansky, P.J., Hagarty, Adel, Taylor and Close, JJ., concur.