Vaccaro v. Fairfield Engineering Co.

Order unanimously reversed, without costs, motion granted and action dismissed. Memorandum: While a motion to dismiss for failure to serve a complaint made pursuant to CPLR 3012 (subd [b]) is addressed to the discretion of the court (Lehigh Val. R. R. Co. v North Amer. Van Lines, 25 AD2d 923), on the record before us Special Term improvidently exercised its discretion in denying the motion and permitting plaintiff to serve a complaint more than 18 months after demand therefor. The bare summons in this action for personal injuries was served three years and one week after the accident in which…