Gilmartin v. Northeast Bronx Hillside Corp.

—Order, Supreme Court, Bronx County, entered December 12, 1978, which conditionally granted defendant’s motion to dismiss this action for failure to serve a complaint, "unless plaintiff serves a complaint upon defendant within 20 days after service of a copy of this order with notice of entry”, modified, on the law and the facts, to the extent of striking the condition set forth in the order, and otherwise affirmed, with costs to defendant-appellant Northeast Bronx Hillside Corp. On June 9, 1977, a summons was served commencing this action. On July 8, 1977, counsel for defendant demanded that…