GRAZIANO v. ALBANESE


24 A.D.2d 712 (1965)

Erminia Graziano et al., Respondents, v. Marylou Albanese et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

September 16, 1965


Order, entered on November 10, 1964, denying defendants' motion pursuant to CPLR 3012 (subd. [b]) to dismiss the action on the ground that plaintiffs have failed to serve a complaint, unanimously reversed, on the law and on the facts, with $30 costs and disbursements to appellants, and the motion to dismiss granted, with $10 costs.

The action — which purports to be one for the recovery of damages for personal injuries and to property arising from the collision...

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