Bistre v. Rongrant Associates

In an action, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (McMahon, J.), entered March 13, 2012, which granted that branch of the plaintiffs’ motion which was, in effect, pursuant to CPLR 5015 (a) (1) to vacate an order of the same court entered June 18, 2009, which had granted the defendant’s unopposed motion to dismiss the action based on the plaintiffs’ failure to serve a complaint pursuant to CPLR 3012 (b), and thereupon reinstated the action.

Ordered that the order entered March 13, 2012, is reversed, on…