Opinion
October 21, 1974
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. Feinman, 19 A.D.2d 847; Schwartz v. National Fire Ins. Co. of Hartford, 25 A.D.2d 727). Martuscello, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.