Mandel v. Waltco Truck Equipment Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated September 3, 1996, as granted the motion by the defendant Waltco Truck Equipment Company and the cross motion by the third-party defendant Industrial Truck Body to dismiss the complaint based on the plaintiffs’ failure to comply with CPLR 306-b and, in effect, denied their cross motion to file the summons and complaint and affidavit of service nunc pro time.
Ordered that the order is affirmed insofar as…
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