Order unanimously reversed in the exercise of discretion, without costs of this appeal to any party, and motion granted, without costs.
Memorandum:
Two days before the expiration of the Statute of Limitations, plaintiff commenced his action by service of a summons. Notwithstanding a prompt notice of retainer and demand for the complaint, none was served. Six months later, defendants moved to dismiss the action for failure to prosecute. No cross motion was...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.