Salvatore Cucurillo v. Schulte, Bruns Schiff Gesellschaft, M.B.H., and Third Party v. Universal Terminal & Stevedoring Corp., Third Party

We affirm in open court the order of Chief Judge Ryan denying plaintiff’s motion to vacate his prior order dismissing the suit for lack of prosecution. The motion was based on Rule 60(b) of the Federal Rules of Civil Procedure. It is conceded tha't the determination of such a motion will not be upset on appeal unless there has been a clear abuse of discretion. Parker v. Broadcast Music, Inc., 2 Cir., 289 F.2d 318. See also Link v. Wabash Railroad Company, 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734. We see no abuse of discretion here. This is made clear by the following quotation from Judge…