Premo v. Cornell

Appeal from an order of the Supreme Court at Special Term (Harvey, J.), entered April 1, 1981 in Franklin County, which denied defendants’ motion, made pursuant to CPLR 3012 (subd [b]), to dismiss the action for failure to serve a complaint and granted plaintiff an additional 20 days in which to do so. The motor vehicle accident giving rise to this personal injury action occurred on March 16, 1976. About a week before the Statute of Limitations was to expire, a summons, which defendants believed failed to comply with CPLR 305 (subd [b]), was served. Their motion to have the action dismissed…