Micheli v. E.J. Builders, Inc.

Appeal from that part of an order of the Supreme Court (Ceresia, Jr., J.), entered April 28, 1999 in Rensselaer County, which denied defendants’ motion to dismiss the complaint as abandoned and granted plaintiffs cross motion for an extension of time to serve a supplemental summons and amended complaint.

Plaintiff commenced this action in October 1993 against, among others, his brothers, defendants Elio Micheli and Joseph Micheli, alleging, inter alla, that they had wrongfully diverted funds properly belonging to certain family-owned businesses for the purpose of financing new business…