CANNELLA, District Judge.
Motion by third-party defendant, Alastair Kyle pursuant to Rule 12 of the Federal Rules of Civil Procedure for an order quashing the summons and complaint served on him on June 16, 1965, is denied.
Since the Single Act Statute of New York is procedural rather than substantive, it may be applied retroactively. Developers Small Business Investment Corp. v. Puerto Rico Land & Development Corp.,
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