
    Queens Examination Center, Inc., et al., Respondents, v. Ajax One Company, Appellant, and Sidney J. Ungar et al., Defendants.
   Order, Supreme Court, Bronx County, entered on April 26, 1973, denying defendant-appellant’s motion to dismiss this action for failure to serve a complaint and to discharge the mechanic’s lien filed by plaintiff, unanimously modified, on the law and the facts, to the extent of granting the motion to dismiss unless a complaint is served within 10 days after service upon plaintiffs-respondents by defendant-appellant of a copy of the order entered herein, with notice of entry, and otherwise affirmed, without costs and without disbursements. Service of a summons on appellant’s counsel was valid service, since same was accepted by counsel, who, in turn, served a notice of appearance on behalf of appellant. While the notice of appearance was apparently not objected to or rejected, the record discloses a possible misunderstanding between the parties as to the nature and/or scope of the appearance. Under the circumstances plaintiffs should be given one final opportunity to perfect their action by service of a complaint. Concur — Stevens, P. J., Kupferman, Steuer and Capozzoli, JJ.  