Majority
p. 813Henry J. Gebert, Jr., as Administrator of the Estate of Henry J. Gebert, Sr., Deceased, Respondent, v. Rabbit Corporation of America, Appellant, et al., Defendant.
Order unanimously modified to the extent of denying the motion of defendant to dismiss this action for lack of prosecution on condition that the plaintiff pays to the said defendant a full bill of costs to date, together with the costs and disbursements of this appeal, within 30 days after service of a copy of this order, with notice of entry, and, as so modified, the order appealed from is affirmed, with $20 costs and disbursements to the appellant.
Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.