Miskiewicz v. Hartley Restaurant Corp.

— In a negligence action to recover damages for personal injuries, etc., defendants Grammas and Economou and defendant Village of Valley Stream appeal from so much of an order of the'Supreme Court, Nassau County (Altimari, J.), dated July 14,1981, as conditionally denied their motions pursuant to CPLR 3216 (subd [b]) to dismiss the complaint as to them. Order reversed, insofar as appealed from, on the law, with one bill of $50 costs and disbursements to appellants Grammas and Economou, and motions to dismiss granted. Plaintiffs’ claim that they were waiting for an updated medical report…