Order entered August 27, 1968 unanimously reversed on the law, the facts and in the exercise of discretion, without costs and without disbursements, and the motion to open the plaintiff's default and to vacate the judgment entered January 12, 1965 denied.
Although a complaint was never served, it appears that plaintiff's accident occurred on August 30, 1959. After a service of the summons, the plaintiff did not enter a default judgment (CPLR 3215) and further failed...
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