Ferreri v. Winston Mall, Inc.

—In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Rockland County, dated April 29, 1975, which denied its motion to dismiss the action for failure to timely serve a complaint pursuant to CPLR 3012 (subd [b]). Order reversed, on the law and the facts, with $50 costs and disbursements, and motion granted. Plaintiff was injured on December 22, 1970. This action was commenced by service of a summons only on November 16, 1973, some 35 months subsequent to the date of injury. On January 4, 1974 defendant served a notide of…