SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 10, 1968
WILLIAM FINLAYSON, RESPONDENT,
KELLNER CAR & LIMOUSINE SERVICE, INC., ET AL., APPELLANTS
Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.
In our opinion, it was an improvident exercise of discretion to grant the motion(Yonkers Fur Dressing Co. v. Royal Ins. Co., 247 N. Y. 435; Schweber v. Berger, 27 A.D.2d 840; Matter of Hecht, 24 A.D.2d 1001).
Order of the Supreme Court, Kings County, dated December 21, 1967, which granted plaintiff's motion to vacate the settlement of the action and to restore the action to the Trial Calendar, reversed, without costs, and motion denied.
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