Opinion
May 9, 1994
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Given the short delay and the lack of any prejudice, the court did not improvidently exercise its discretion in denying the appellant's motion to dismiss the action pursuant to CPLR 3012 (b) for the plaintiff's failure to timely serve a complaint after a demand (see, Reuter v. Schroeder, 195 A.D.2d 543; Shopsin v. Siben Siben, 189 A.D.2d 811). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.