Greenwald v. Zyvith

In a negligence action to recover damages for injury to person and property, the plaintiffs appeal from an order of the Supreme Court, Nassau County, which denied their motion to vacate a prior order and judgment of that court, dismissing plaintiffs’ action for failure to serve a complaint.

In May, 1960 plaintiffs suffered personal injuries and other *202damages when an automobile in which they were passengers was struck in the rear by defendant’s car. Plaintiffs retained an attorney whom we shall call the “ attorney of record.” He failed to obtain a settlement from defendant’s insurer and…