Sotirakis v. United Services Automobile Ass'n

— In an action to recover damages for the breach of a policy of insurance, defendant appeals from an order of the Supreme Court, Queens County (Kunzeman, J.), dated May 17, 1982, which, upon its motion pursuant to CPLR 3012 (subd [b]) to dismiss the action, denied the same on the condition that plaintiff’s attorney pay the sum of $150 to defendant within 30 days after service of a copy of that order upon plaintiff’s attorney. Order reversed, on the law, with $50 costs and disbursements, and motion to dismiss granted. In order to avoid dismissal for failure to serve a complaint after the…