Dwyer v. Gerstel

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Sacks, J.), dated September 19, 1986, which (1) denied their motion to dismiss the action based on the plaintiff’s failure to timely serve a complaint, and (2) granted the plaintiff’s cross motion for an extension of time to serve a complaint.

Ordered that the order is reversed, on the law, without costs or disbursements, the defendants’ motion is granted, the plaintiff’s cross motion is denied, and the action is dismissed.

In order to defeat a motion to dismiss for…