Joseph T. Ryerson & Son, Inc. v. Piffath

In an action to enforce a personal guarantee, the defendant appeals from an order of the Supreme Court, Suffolk County (Lama, J.), entered April 28, 1986, which denied his motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The dismissal of the plaintiff’s first action for failure to serve a timely complaint pursuant to CPLR 3012 (b) was not a dismissal on the merits, and therefore the plaintiff was entitled to commence a second action for the same relief (see, Sotirakis v United Servs. Auto. Assn., 100 AD2d 931). Further, in its complaint, the plaintiff was not…