Kulukundis v. 795 Fifth Avenue Corp.

Order, Supreme Court, New York County, entered on June 20, 1977, denying defendant-appellant’s motion to dismiss this action because of plaintiffs’ failure to serve a timely complaint, modified, on the facts and in the exercise of discretion, to the extent of conditioning such denial upon payment by plaintiffs to defendant-appellant of costs in the sum of $1,000 within 30 days after service upon respondents by appellant of a copy of the order entered hereon with notice of entry, and, as so modified, said order is affirmed, without costs and without disbursements. It is clear that plaintiffs…