This personal injury action in Bronx County, arising from an accident in February, 1952, was commenced by the service of a summons in November, 1953. A notice of appearance was served in February, 1954 and, no complaint being served, defendants' motion to dismiss the action, made a year later, was granted by default at Special Term on March 30, 1955. Notwithstanding that order of dismissal, plaintiff served a note of issue for the April, 1955 Term, but because of the order...
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