Smarek v. Padilla

In a negligence action to recover damages for personal injuries, *875etc., defendants appeal from an order of the Supreme Court, Kings County, dated August 17,1979, which (1) granted plaintiffs’ motion for an extension of time to serve the complaint and (2) denied defendants’ cross motion to dismiss the action for failure to serve a complaint. Order reversed, on the law, without costs or disbursements, motion denied, cross motion granted, and action dismissed. In our opinion, the 49-month delay between defendants’ demand for a complaint and plaintiffs’ alleged service thereof is without valid…