Sanders v. Van Dome Management

—In a negligence action to recover for damages to property, the defendant Van Dome Management appeals from an order of the Supreme Court, Kings County (Garry, J.), dated April 2, 1991, which granted its motion to dismiss the action pursuant to CPLR 3012 (b) *631only on condition that the attorney for the plaintiffs serve the complaint on the defendant and pay $250 within 30 days "of the service of the order”.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion to dismiss the action is granted unconditionally.

The plaintiffs failed to set forth a reasonable excuse…