Knolls Cooperative Section No. 2, Inc. v. Evans Development Corp.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 17, 1990, which granted defendant’s motion pursuant to CPLR 3012 (b) to dismiss the action unless plaintiff served a complaint within 20 days of the signing of the order, is modified, on the law, by deleting that portion of the order permitting plaintiff to serve a complaint within 20 days and to grant the motion unconditionally, and as so modified, the order is affirmed, with costs.

Plaintiff submitted no opposition to defendant’s motion to dismiss pursuant to CPLR 3012 (b). In absence of an affidavit of merit, it was…