Joseph T. Ryerson & Son, Inc. v. Petito

In an action to recover a sum due and owing on a personal guarantee, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (DiPaola, J.), dated April 23, 1986, as, upon reargument, adhered to its prior determination in an order of the same court, dated February 18, 1986, which granted the defendant’s motion to dismiss the action for failure to timely serve a complaint.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, the order of February 18, 1986 is vacated, the defendant’s…