Odess v. Medical Center, Teamster Local 1034

Suozzi, J.,

dissents and votes to modify the order appealed from by adding thereto a provision imposing a penalty of $250 on plaintiff’s attorney, personally payable to appellants, and, as so modified, to affirm the order, with the following memorandum: The majority is of the view that Special Term erred in permitting plaintiff leave to serve his complaint upon appellants in view of the fact that prior service of the complaint was made by plaintiff’s counsel upon defense counsel and rejected more than 30 months after the latter had made a demand for the complaint. Specifically, the majority…