McNamara v. Past Time Pub, Inc.

In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated August 5,1983, which denied its motion to dismiss the complaint pursuant to CPLR 3012 (subd [b]) for failure to timely serve a complaint, upon condition that plaintiff pay $250 to the defendant. 11 Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed. 1Í Plaintiff commenced this action on March 9, 1982, by the service of a summons with notice. On April 20,1982, defendant served a notice of appearance and a…