Frank v. Garcia

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered April 23, 2010, which denied plaintiffs motion for a default judgment as against defendant Luz M. Garcia and for an extension of time to serve defendant Angela A. Beras, and dismissed the complaint as abandoned, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the complaint reinstated, the motion granted as against Garcia and Beras, the latter to be served within 120 days of the date of this decision and order.

Plaintiffs motion for a default judgment against Garcia was…