Kam Yue Man v. Mantione

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Amann, J.), dated January 16, 1990, which denied their motion to dismiss the action and granted the plaintiffs’ cross motion pursuant to CPLR 3012 (d) to compel the defendants to accept the untimely service of the complaint.

*711Ordered that the order is reversed, on the law, with costs, the defendants’ motion is granted, the plaintiffs’ cross motion is denied, and the action is dismissed.

It is well settled that for a plaintiff to avoid dismissal of the action for…