Opinion
January 18, 1943.
Action to recover damages for wrongful death. On argument, order denying defendant's motion to place cause on the Military Suspense Calendar, and order denying defendant's motion to vacate defendant's default and for reargument reversed on the facts, without costs, and the matter remitted to Queens County Trial Term, Part I, to take proof as to identity, as to whether Anthony Castorino and Angelo Jack Reno are one and the same person, and whether or not such person is in the military service. Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ., concur.