Appellate Division of the Supreme Court of the State of New York February 14, 2000 (Quinn v. Wenco Food Systems, Co.)

—In an action to recover damages for personal injuries, the defendants Wenco Food Systems, Co., Wenco Food Systems Corp., Richard Jacobs, and David W. Pancoast appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated January 7, 1999, which denied their motion pursuant to CPLR 3012 (b) to dismiss the complaint insofar as asserted against them for failure to serve a complaint.