FERRAN v. DWYER


252 A.D.2d 758 (1998)

676 N.Y.S.2d 280

Nadia Ferran et al., Appellants, v. Gerald A. Dwyer, Respondent

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

July 16, 1998


Mikoll, J. P.

We find no abuse of discretion in Supreme Court's granting defendant's motion to dismiss this action based upon plaintiffs' failure to timely serve a complaint.

On or about November 12, 1992, a fire occurred in the third floor of defendant's residence, which adjoined vacant property owned by plaintiffs. As a result of the fire, on or about November 11, 1995 plaintiffs, proceeding pro se, served upon defendant a summons with...

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