Scarborough v. Zimmon

Callahan, J. (dissenting).

The resolve of the majority to reverse Special Term and dismiss plaintiff’s complaint in this instance is harsh, unwarranted and contrary to law (see A & J Concrete Corp. v Arker, 54 NY2d 870). The record herein is markedly different from that before us in the companion case of Scarborough v Zimmon (85 AD2d 892, affd 56 NY2d 784). Defendant makes no motion for the relief granted by the majority, Here plaintiffs brought a motion to compel the defendants to accept late service of their complaint. The record is void of any written response on behalf of defendants to…