Gelbard v. Northfield Savings Bank

—In an action to recover damages, inter alia, for negligence and breach of contract, the defendant appeals from an order of the Supreme Court, Richmond County (Amann, J.), dated December 9, 1993, which (1) denied its motion to strike the summons and complaint on the ground that they were not properly filed and served, and (2) granted the plaintiffs’ cross motion for, among other things, an order finding that the action had been timely commenced.

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the plaintiffs’ cross motion, and substituting…