Order reversed, without costs, and motion denied.
The accident occurred on January 27, 1955. The action was commenced by the service of a summons on February 25, 1956. A notice of appearance was served by defendant on February 27, 1956. No complaint was served by plaintiff. On September 25, 1961 plaintiff moved to open his default in failing to serve a complaint. The explanation of plaintiff's counsel for the delay was that, shortly after service of the summons, the...
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