GERSON v. FINKELSTEIN


29 A.D.2d 552 (1967)

Arnold Gerson, Respondent, v. Howard E. Finkelstein, Appellant

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

December 18, 1967


As so modified, order affirmed, with $30 costs and disbursements.

The allegations of malpractice in the complaint served after the motion was made relate to events occurring in June, 1963. A summons alone was served on March 28, 1966. Notice of appearance and written demand for complaint were served on plaintiff's attorney on April 12, 1966. The motion to dismiss the action was made after more than nine months had passed without service of a complaint and without...

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