Weiss v. Kahan

—In an action to recover property damages, the defendants appeal from an order of the Supreme Court, Kings County (Vaccaro, J.), dated May 4, 1993, which denied their motion to dismiss the action for failure to timely serve a complaint, and granted the plaintiffs’ cross motion to vacate their default in serving the complaint.

Ordered that the order is reversed, as a matter of discretion, with costs, the defendants’ motion to dismiss the action for failure to timely serve a complaint is granted, the plaintiffs’ cross motion to vacate their default is denied, and the complaint is dismissed.

CPLR…