General
Gerald J. Fine, as Administrator of the Estate of Toby Fine, Deceased, Respondent, v. Joseph Gorelick, Appellant
21 A.D.2d 970·New York Supreme Court, Appellate Division·1964·NY
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Opinion
(September 28, 1964)
Gerald J. Fine, as Administrator of the Estate of Toby Fine, Deceased, Respondent, v. Joseph Gorelick, Appellant.
[MAJORITY]
In an action to recover damages for alleged malpractice, the defendant appeals from an order of the Supreme Court, Nassau County, dated February 4, 1964, which: (a) granted plaintiff’s motion to open his default; (b) vacated a prior order of dismissal made pursuant to rule 302 of the former Rules of Civil Practice (now CPLR 3404); and (c) restored the action to the pretrial calendar. Order affirmed, without costs. No opinion. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.