Order unanimously reversed, without costs, defendant's motion granted and complaint dismissed.
Memorandum:
It was an abuse of discretion for Special Term to deny defendant's motion to dismiss the action for failure to serve a complaint (see Scarborough v Zimmon,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.