Pigott v. Hamalian

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated October 14, 1997, which granted the application of the defendant Reynold Mason to dismiss the complaint insofar as asserted against him on the ground of improper service.

Ordered that on the Court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, as a matter of discretion in the…