Aciares v. Ragione

Order, Supreme Court, Bronx County (Alan J. Saks, J.) entered March 1, 1991, which denied plaintiffs motion to vacate a judgment of dismissal granted in favor of defendants Angel Diaz and Allstate Vehicles, on default, entered on or about March 13, 1990, and for permission to serve an amended complaint, unanimously affirmed, without costs.

By order entered on or about April 24, 1986, plaintiff’s complaint in this action was dismissed without prejudice to plaintiffs right to seek leave to serve an amended complaint. Based upon plaintiff’s failure to serve any amended complaint, defendants moved…