← Cases

Jusino v. Green

46 A.D.2d 679 Court N.Y. App. Div. Decision date 1974-10-21 English

Contents

Majority

p. 679
Josefa Jusino, Respondent, v. Leo Green, Individually and Doing Business as Granverde Realty, et al., Appellants.

In a personal injury action, defendants appeal from an order of the Supreme Court, Kings County, dated April 17, 1974, which granted plaintiff’s motion to vacate a prior order dismissing the action for failure to serve a complaint. Order reversed, without costs, and motion denied. In our opinion no satisfactory explanation has been offered for plaintiff’s failure to serve a complaint more than three years after the demand therefor (Steuerman v. Feinmam, 19 A D 2d 847 ; Schwartz v. National Fire Ins. Co. of Hm-tford, 25 A D 2d 727 ). Martuscello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.