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LUCENTI v. CITY OF BUFFALO

29 A.D.2d 833 (1968)

Guiseppe Lucenti, as Administrator of The Estate of Thomas Lucenti, Deceased, Respondent, v. City of Buffalo, Appellant

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

February 22, 1968

Order unanimously affirmed, without costs.

Memorandum:

This action was commenced by the service of a summons on September 22, 1964. Defendant appeared on September 25, 1964 and demanded service of the complaint. Plaintiff defaulted in pleading by failure to serve the complaint within 20 days thereafter and defendant thereupon became entitled to an order dismissing plaintiff's action. (CPLR 3012.) On February 8, 1967 defendant moved for such an order. Its motion...

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