Alos Micrographics Corp. v. JML Optical Industries, Inc.

In an action to recover damages predicated on breach of contract and breach of warranty, defendant appeals from an order of the Supreme Court, Orange County (Weiner, J.), entered September 18, 1984, which (1) granted plaintiff’s motion to compel defendant to accept late service of the complaint, and (2) denied defendant’s cross motion to dismiss the action.

Order reversed, on the law, with costs, plaintiff’s motion to compel defendant to accept late service of the complaint *966denied, and defendant’s cross motion to dismiss the action granted.

This action to recover damages for breach of contract…