Bissaccia v. Aknin

In a defamation action, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County, entered December 24, 1975, as, upon reargument, adhered to its original determination, i.e., an order of the same court, entered November 14, 1975, which granted defendant’s motion, made pursuant to CPLR 3012 (subd [b]), to dismiss the action for failure to serve a complaint. Order reversed insofar as appealed from, in the exercise of discretion and in the interest of justice, without costs or disbursements, on condition that plaintiffs’ attorneys personally…