The action was commenced by service of the summons 18 months after the accident. Defendant appeared timely and demanded a copy of the complaint, but no copy thereof was served within the next two years.
Order reversed on the facts and in the exercise of discretion, with $10 costs and disbursements, and motion granted. No explanation was made for the delay. Hence, in the proper exercise of discretion the motion should have been granted.
Kleinfeld and Brennan...
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