Cirino v. Gkanios

In an action to recover damages for assault and battery, the defendant appeals from an order of the Supreme Court, Westchester County (Gurahian, J.), entered May 3, 1993, which denied his motion to dismiss the complaint pursuant to CPLR 3012 (b), and granted the plaintiff’s cross motion for an enlargement of time to serve a complaint to the extent of giving her 45 days from the date of entry of the order to serve the complaint.

Ordered that the order is affirmed, with costs.

The court did not improvidently exercise its discretion in treating the plaintiff’s pro se order to show cause and…