Order affirmed, with $10 costs and disbursements. All concur. (The order denies defendants’ motion to vacate service of summons and complaint and to dismiss the complaint in an action for damages for personal injuries alleged to have been sustained as the result of an assault by the incompetent defendant.) Present — Taylor, P. J., McCurn, Larkin, Love and Kimball, JJ. [191 Misc. 794.] [See 275 App. Div. 741.]