Witz v. Renner Realty Corp.

Order and judgment, Supreme Court, New York County, entered September 30, 1975 and January 21, 1976, respectively, granting defendants’ motion to dismiss the action for failure to serve a complaint and denying plaintiffs cross motion to direct entry of a default judgment, unanimously reversed, on the law, the judgment vacated, the motion to dismiss denied, and the plaintiffs cross motion granted only to the extent of directing the defendants to accept service of the complaint on condition that the complaint be served within 10 days after service of a copy of the order entered herein, with…