Milligan v. Hycel Realty Corp.

Order, entered on September 11, 1963, in personal injury negligence action, (1) denying plaintiff’s motion to enter default judgment and assess damages, (2) denying defendant’s motion to vacate service of process, (3) denying defendant’s motion to dismiss the complaint pursuant to subdivision 1 of rule 302 of the Rules of Civil Practice, for failure to prosecute, and (4) granting defendant leave to move or answer with respect to the complaint, unanimously modified, on the law, the facts, and in the exercise of discretion, to the extent of eliminating the leave granted defendant to move or…