Covello v. Covello

— In an action to recover damages for fraud and legal malpractice, the defendant Patrick J. Barton appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated January 25, 1985, which (1) denied his motion to dismiss the action insofar as it is asserted against him owing to the plaintiff’s default in serving him with a complaint and (2) granted the plaintiff’s cross motion to compel the appellant to accept service of the complaint.

Order reversed, on the law and in the exercise of discretion, with costs, motion granted, cross motion denied, and the plaintiff’s action…