Nems Enterprises, Ltd. v. Seltaeb, Inc.

Order entered June 25, 1965, granting a motion to vacate the second amended complaint, unanimously affirmed, without costs or disbursements. It is apparent from the record that the attorneys for the parties in this case became engulfed in a procedural morass, which resulted in needless and futile proceedings. Their predicament stemmed mainly from the failure to recognize, until the order appealed from was entered, that a dismissal of the original complaint — for plaintiff’s failure to appear for a pretrial examination — had, for all purposes, terminated the main action, leaving surviving only…