Nitze v. Gallagher

In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated May 30, 1986, which denied his motion to dismiss the action on the ground that the complaint was not timely served.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.

The Supreme Court erred in denying the defendant’s motion to dismiss this action based on the plaintiff’s failure to serve his complaint until more than two years after service was required. Even if the plaintiff’s…