McCabe v. 148-57 Equities Co.

Appeal from order, Supreme Court, New York County (Diane Lebedeff, J.), entered October 25, 2001, which, in an action by a laborer for personal injuries, inter alia, granted defendant’s cross motion to dismiss the *232complaint for failure to properly serve process, unanimously dismissed, without costs, as abandoned. Order, same court and Justice, entered May 14, 2002, which denied plaintiffs motion to deem defendant’s previously granted cross motion abandoned and to dismiss defendant’s affirmative defense of lack of jurisdiction as waived, unanimously affirmed, without costs.

In the first order…