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  5. 60 N.Y.2d 667 (1983)
 

KRANTZ v. ALBERT MENDEL & SON, INC.

60 N.Y.2d 667 (1983)

Everett J. Krantz et al., Appellants, v. Albert Mendel & Son, Inc., et al., Respondents, et al., Defendants. (Action No. 1.) (And Another Action.)

Court of Appeals of the State of New York.

Decided September 22, 1983.

Attorney(s) appearing for the Case

Stephen L. Oppenheim for appellants.

Keith V. La Rose for Albert Mendel & Son, Inc., and others, respondents.

Curtiss B. Kline for Kent T. Kay, respondent.

Anthony J. Benedict for Charles Frumerie and another, respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It was not error in the circumstances disclosed for the Appellate Division to have determined that Supreme Court abused its discretion as a matter of law in denying defendants' motions to dismiss the action on the ground of untimely service of the complaint. We observe that this is not, and was not conceived by either court below as, a...

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