
    Emanuel Fischer et al., Appellants, v. Pan American World Airways, Inc., Respondent.
    Argued May 25, 1965;
    decided July 9, 1965.
    
      
      Richard Steel and Arnold Krakower for appellants.
    
      Frederic L. Atwood for respondent.
    
      Aaron J. Broder and Herman B. Gerringer for New York State Association of Trial Lawyers, amicus curiœ.
    
   Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division. After September 1, 1964, the Appellate Division lacked the power to grant the motion to dismiss for failure to file a note of issue without compliance with CPLR 3216, as amended (L. 1964, ch. 974).

Concur: Chief Judge Desmond and Judges Dye, Full, Burke and Scileppi. Judges Van Voorhis and Bergan dissent and vote to affirm.  