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FRANCISCO v. WALGREEN EASTERN CO., INC.

25 A.D.2d 681 (1966)

Robert Francisco, Respondent, v. Walgreen Eastern Co., Inc., Appellant

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

March 28, 1966

Order reversed, without costs; defendant's motion granted; and action dismissed, without costs.

The order denied the motion without prejudice to renewal upon plaintiff's failure to comply with a demand served pursuant to CPLR 3216. Rule 3216 as amended (L. 1964, ch. 974) has no application to a motion made under CPLR 3012 (subd. [b]) to dismiss for failure to serve a complaint (Waldron v. Ward, 24 A.D.2d 470). The only reason...

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