Marsh v. Phillips

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Defendants appeal from orders denying their respective motions to dismiss the complaint in plaintiff’s action to recover for personal injuries. All defendants contend that, because two years earlier the action had been dismissed on default for plaintiff’s failure to serve a complaint pursuant to defendants’ demand, and because plaintiff had failed to move to vacate the default, recommencement of the action was barred by the Statute of Limitations (CPLR 205 [a]), and by…