Ferran v. Dwyer

—Mikoll, J. P.

Appeal from an order of the Supreme Court (Donohue, J.), entered February 3, 1997 in Albany County, which granted defendant’s motion to dismiss the action for failure to timely serve the complaint.

We find no abuse of discretion in Supreme Court’s granting defendant’s motion to dismiss this action based upon plaintiffs’ failure to timely serve a complaint.

On or about November 12, 1992, a fire occurred in the third floor of defendant’s residence, which adjoined vacant property owned by plaintiffs. As a result of the fire, on or about November 11, 1995 plaintiffs, proceeding pro…