Kirschenbaum v. Schreiber

— Appeal by defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated June 11, 1982 as, upon granting his motion pursuant to CPLR 3012 (subd [bb, to dismiss the action for failure to serve a complaint, did so “unless a complaint is served upon defendant within 10 days after service of a copy of this order.” Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion granted unconditionally. This action was commenced by the service of a summons upon defendant on or about July 7, 1980. Defendant…