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VACCARO v. FAIRFIELD ENG'G CO.

47 A.D.2d 986 (1975)

Michael Vaccaro, Respondent, v. Fairfield Engineering Co., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 17, 1975

Order unanimously reversed, without costs, motion granted and action dismissed.

Memorandum:

While a motion to dismiss for failure to serve a complaint made pursuant to CPLR 3012 (subd [b]) is addressed to the discretion of the court (Lehigh Val. R. R. Co. v North Amer. Van Lines, 25 A.D.2d 923), on the record before us Special Term improvidently exercised its discretion in denying the motion and permitting plaintiff...

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