Perez v. Wegman Companies, Inc.

Order insofar as appealed from unanimously reversed on the law without costs and plaintiff’s cross motion granted. Memorandum: The court erred in refusing to compel defendant to accept service of plaintiff’s amended complaint. The court had issued an order granting defendant’s motion to dismiss (CPLR 3211 [a] [7]) with respect to plaintiff’s first two causes of action, but the order provided that "defendant’s motion relative to the third and fourth causes of action of the complaint is held in abeyance until such time as disclosure proceedings have been conducted and plaintiff submits amended…