Levin v. 40 Realty, Inc.

Order, Supreme Court, New York County, entered on March 11, 1980, which vacated plaintiff’s default in the service of a verified bill of particulars and note of issue and which conditionally granted defendant’s motion to dismiss the complaint, unanimously reversed to the extent appealed from, on the law and the facts and in the exercise of discretion, and motion to dismiss granted unconditionally, with costs. Plaintiff-respondent brought suit by summons and complaint served September 10, 1976, seeking to recover for the wrongful death of her decedent, Pauline Spanierman, on September 12,…