Boyea v. Fiore

— Mercure, J.

Appeal from an order of the Supreme Court (Viscardi, J.), entered August 30, 1989 in Essex County, which, inter alia, denied defendant’s motion to dismiss the complaint.

This action was initially commenced by service of a summons with notice on defendant on January 5, 1989. By order dated May 8, 1989, Supreme Court dismissed the action "without prejudice to the plaintiff to institute another action, if so advised”, for failure to timely serve a complaint following demand therefor. Plaintiff recommenced the action in June 1989 by service of a summons and verified complaint alleging…