Engle v. Yankee Realty Corp.

In an action to recover damages for personal injuries sustained as a result of a fall by plaintiff while working as a steamfitter on a building which was in the process of construction by defendant, the defendant appeals from so much of an order of the City Court of Yonkers, dated October 25, 1960, as failed to grant unconditionally its motion to dismiss the action by reason of plaintiff’s failure to serve his complaint within the time prescribed (Civ. Prac. Act, § 257); as granted the motion “unless the complaint is served upon the defendant’s attorney within ten days”; and as directed…