Simons v. Sanford Plaza, Inc.

—In a negligence action to recover damages personal by plaintiff Mary Simons a,nd for medical expenses, etc., incurred by her husband, defendant appeals from so much of an order of the Supreme Court, Suffolk County, dated September 11, 1973, as conditionally denied its motion, under CPLR 3012 (subd. [b]), to dismiss the action for failure to timely serve a complaint. Order reversed insofar as appealed from, on the law and the facts, with $20 costs and disbursements, and, as otherwise provided in the order, the motion is granted unconditionally. Plaintiffs failed to. serve a complaint for…