Zaleski v. Mlynarkiewicz

Goldstein, J.,

dissents and votes to reverse the order appealed from, on the law, and to dismiss the complaint, with the following memorandum: The plaintiffs allege that on January 9, 1994, Ryszard Zaleski was at his residence at 235 Eckford Street in Brooklyn when the defendants assaulted him with a hard object. On June 9, 1994, the plaintiffs commenced an action against the defendants by filing in court, and purported to serve the defendants with the summons and complaint at an incorrect address. Since the summons and complaint were not delivered to the correct address, the defendants…