Opinion
May 22, 1967
Order of the Supreme Court, Nassau County, dated December 20, 1966, which denied the motion of defendant Burger N Shake Drive Inn, Inc., to vacate a prior order directing judgment against it, for leave to open its default and to serve an answer, and to strike the action from the inquest calendar, reversed, without costs, and motion granted, without costs. In our opinion, the denial of the motion was an improvident exercise of discretion. Appeal from order of said court dated January 16, 1967, denying reargument dismissed, without costs. An order denying reargument is not appealable. Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.