Citation Numbers: 23 A.D.3d 353, 803 N.Y.S.2d 439
Filed Date: 11/7/2005
Status: Precedential
Modified Date: 11/1/2024
In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Burke, J.), dated August 2, 2004, which granted the defendant’s motion pursuant to CPLR 3012 (b) to dismiss the action for failure to timely serve a complaint, and denied their cross motion to deem the proposed complaint timely served and to compel compliance with a notice for discovery and inspection.
Ordered that the order is affirmed, with costs.
To avoid dismissal for failure to timely serve a complaint af
The plaintiffs’ remaining contentions are either without merit or do not warrant a reversal. Schmidt, J.P., Santucci, Krausman and Covello, JJ., concur.