Fantauzzo v. Steimer

Order insofar as appealed from unanimously reversed on the law with costs, motion denied, cross motion granted and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The court erred in granting plaintiffs’ motion to direct defendant to accept service of their complaint and in denying defendant’s cross motion to dismiss the complaint and for sanctions. In opposing defendant’s cross motion pursuant to CPLR 3012 (b), plaintiffs failed to meet their burden of showing that their delay in serving the complaint was excusable and that their cause of…