Opinion
Submitted February 23, 2000.
April 13, 2000.
In an action to recover damages for personal injuries, etc., the defendants Federal Express Company and "John Doe" appeal from an order of the Supreme Court, Queens County (Posner, J.), dated May 18, 1999, which denied their motion pursuant to CPLR 3012(b) to dismiss the complaint insofar as asserted against them.
Biedermann, Hoenig, Massamillo Ruff, P.C., New York, N Y (Deirdre A. Dunphy and Anthony W. Eckert III of counsel), for appellants.
Robert George Bombara, Howard Beach, N.Y., for respondents.
CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Given the short delay and the lack of any prejudice, the Supreme Court providently exercised its discretion in denying the appellants' motion to dismiss the action pursuant to CPLR 3012(b) based upon the plaintiffs' failure to timely serve a complaint after a demand therefor was made (see, Kramer v. Rosenthal, 204 A.D.2d 406 ; Reuter v. Schroeder, 195 A.D.2d 543 ;Gordineer v. Gallagher, 160 A.D.2d 672 ; Rait v. Bauer, 121 A.D.2d 704 ).