Senise v. Town of Orangetown

—In an action to recover damages for personal injuries and property damage, the appeal is from an order of the Supreme Court, Rockland County (Weiner, J.), entered June 28, 1995, which denied the defendant’s motion to dismiss the action for failure to timely serve a complaint, and granted the plaintiff’s cross motion, in effect, for an extension of time to serve the complaint.

Ordered that the order is affirmed, with costs.

The court did not improvidently exercise its discretion in granting the plaintiff an extension of time to serve the complaint, as her affidavit of merit sufficiently set…