Gottfried v. ABC Corp.

—In an action to recover damages for personal injuries, the defendants ABC Corp., d/b/a Blue Bay Diner, and Waldbaum’s, Inc., separately appeal from an order of the Supreme Court, Queens County (Schmidt, J.), dated January 25, 1999, which denied their respective motions to dismiss the action insofar as asserted against them for failure to timely serve a complaint pursuant to CPLR 3012 (b).

Ordered that the order is reversed, on the law and as an exercise of discretion, with one bill of costs, the motions are granted, the action is dismissed insofar as asserted against the appellants, and the…