Massachusetts Appeals Court October 4, 1985 (Kirk v. MacDonald)

Kaplan, J.

A judge of the Superior Court refused the plaintiffs relief, pursuant to Mass.R.Civ.P. 60(b), 365 Mass. *22828 (1974), from a judgment dismissing the present action. Holding that the judge erred, we reinstate the action and make certain orders in consequence.

By the present action the Kirks, husband and wife, assert the following case against W.