Leary v. Land , 274 A.D. 843 ( 1948 )

Order, so far as appealed from, affirmed, without costs of this appeal to either party. Memorandum: The motion to dismiss the action for failure to prosecute was premature and could not be made until substitution was had. All concur. (The portion of the order appealed from denies defendant’s motion for a dismissal of an action for failure to prosecute.) Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ.