Jones v. TSS Seedman's Inc.

In an action to recover damages, inter alia, for assault, battery and false arrest, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated August 21, 1985, as conditionally granted their motion to dismiss the action pursuant to CPLR 3012 (b) unless the plaintiff served a complaint within 20 days after service of a copy of the order with notice of entry upon the plaintiff’s attorney.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants’ motion to dismiss the action is…