Wess v. Olympia & York Realty Corp.

Order, Supreme Court, New York County (Stuart C. Cohen, J.), entered June 4, 1992, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3012 (b) for plaintiff’s failure to timely serve a complaint, unanimously reversed, on the law, the facts and as a matter of discretion, defendants’ motion denied and defendant directed to accept the complaint, without costs.

Under CPLR 3012 (b), a plaintiff who has commenced an action by service of a summons without complaint and upon whom a demand has been made for service of the complaint has 20 days in which to comply with that…