Vita v. Heller

In a negligence action to recover damages for personal injuries, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Dickinson, J.), dated August 13,1981, as granted plaintiff’s motion for reargument of a prior order of that same court (Daronco, J.), dated May 18, 1981, granting their motion to dismiss plaintiff’s action for failure to timely serve a complaint, and upon reargument, denied said motion to dismiss and required them to accept service of the complaint. Order modified by deleting therefrom the provisions denying…