Seow v. Yu Dan Li

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J), dated February 3, 2003, which, in effect, denied his motion pursuant to CPLR 3216 to dismiss the complaint for failure to file a note of issue.

*571Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue of whether proper service was effectuated, and for a de novo determination of the motion.

The defendant moved to dismiss the complaint on the ground that the plaintiff…