Kennedy v. Beth Israel Deaconess Medical Center, Inc.

The defendants appeal from a Superior Court judge’s denial of their motion for reconsideration of the order allowing the plaintiff’s motion to vacate the judgment of dismissal of his complaint. Mass.R.Civ.P. 4(j), as appearing in 402 Mass. 1401 (1988). The judge granted the plaintiff’s motion to vacate the judgment pursuant to Mass.R.Civ.P. 60(b)(6), 365 Mass. 829 (1974), and the defendants contend that the judge erred when he did not apply Mass.R.Civ.P. 60(b)(l)-(b)(3), 365 Mass. 828 (1974), and the one-year time limit imposed thereby, to the facts of this case. Moreover, the defendants…