
    Isabella Conte et al., Appellants, v. Hill’s Supermarkets, Inc., Respondent.
    Supreme Court, Appellate Term, Second Department,
    
      November 20, 1970.
    
      Cooper Abrams & Herman (Hyman Herman of counsel), for appellants. Bernard Helfenstein for respondent.
   Per Curiam.

Insofar as rule 14 of the Nassau County District Court Rules (22 NYCRR 3840.14) permits the dismissal of a case which has not been noticed for trial, without service of the 45-day notice required by CPLR 3216, it is invalid. This is true whether it is done as the result of a motion by the defendant or by the court on its own motion (Plump v. Harth, 52 Misc 2d 787).

The 'order should be unanimously reversed, with $10 costs to plaintiffs, dismissal vacated and case restored to the General Calendar.

Present — Hogan, P. J., Gulotta and Guckman, JJ.

Order reversed, etc.  