Santana v. Prospect Hospital

Order, Supreme Court, Bronx County (Callahan, J.), entered October 22, 1980, which granted defendant’s motion for an order dismissing the action upon plaintiff’s failure to serve a complaint within 20 days after service of a demand pursuant to CPLR 3012 (subd [b]), unanimously reversed, on the law and the facts, and in the exercise of discretion, with costs on appeal against the plaintiff, and the motion is denied and the complaint reinstated upon the condition that plaintiff’s attorney pays additional costs of $250 to defendant within 20 days of service upon defendant of a copy of the order…