Katherine Pirnak v. Michael J. Savino Et Al‪.‬

In a negligence action to recover damages for personal injuries, etc., defendants Michael Savino, Thomas Savino and Savco Holding Company appeal from an order of the Supreme Court, Queens County (Graci, J.), dated August 4, 1982, which granted plaintiffs motion to vacate the dismissal of this action pursuant to CPLR 3404 and to restore the action to the Trial Calendar. Order modified, as a matter of discretion, by adding thereto a provision conditioning the granting of the motion upon payment of $750 personally by plaintiffs attorney to the appellants. As so modified, order affirmed, without costs or disbursements. Plaintiffs attorneys time to comply with this condition is extended to 15 days after service upon plaintiffs attorney of a copy of the order to be made hereon, with notice of entry. When [96 A.D.2d 857 Page 858]