¶1Plaintiffs appeal from order granting defendant’s motion to vacate
¶2and set aside the service of a summons on the defendant on July 1, 1938, on the ground that at the time of said service defendant was a non-resident, appearing within the jurisdiction as a party defendant in an action then in the course of trial in Nassau county. Order affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.