Appellate Division of the Supreme Court of the State of New York November 4, 1963 (Atlantic Beach Park District v. Nautilus Management Corp.)

In a negligence action, the defendant appeals from an order of the Supreme Court, Nassau County, dated June 24, 1963, which granted plaintiff’s motion: (a) to vacate a prior order of said court dismissing the action for lack of prosecution and failure to serve a complaint; and (b) to permit the plaintiff to serve its complaint. Order reversed, without costs, and motion denied.