De Stefano v. Nash

In a negligence action to recover damages for personal injuries, defendant trustees appeal from an order of the Supreme Court, Kings County, dated May 9, 1972, which denied their motion to dismiss the action for failure to serve a complaint, pursuant to CPLR 3012 (subd. [b] )> on condition that plaintiff submit an affidavit of merits and serve a complaint within 30 days after service of a copy of the order with notice of entry. Order reversed, in the exercise of discretion, with $10 costs and disbursements, and motion to dismiss the complaint granted. The summons was served two days before…