Janis Benson v. Rana Management

In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), entered December 20, 1985, which denied, as academic, its motion for an order dismissing the action for the plaintiff's failure to serve a complaint, on the ground that a complaint had been served while the motion was pending. Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.