Batson v. Sussman

In an action to recover damages for personal injuries and property damage, the defendant appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated October 30, 2002, which denied his motion, inter alia, to vacate an ex parte order of the same court dated April 29, 2002, which, among other things, granted the plaintiffs’ motion for an extension of time to effect service of process pursuant to CPLR 306-b.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to vacate so much of the ex parte order dated…