Donnelly v. Pepicelli

Callahan, J. (dissenting).

There is no abuse of discretion by Special Term in granting “dismissal of this action pursuant to Section 3012(b) of the CPLR * * * unless the Plaintiff serves his Complaint in this action upon the attorneys for the Defendant within twenty (20) days from the entry of this Order”. There was but a mere seven-day delay before institution of the motion. The record before Special Term demonstrated an ongoing relationship between the re*956spective attorneys and a continued effort on behalf of plaintiff to adequately formulate the complaint. A seven-day delay, which was not…