BANDLER v. ARTHUR MAYER REAL ESTATE


31 A.D.2d 897 (1969)

Nettie Bandler et al., Respondents, v. Arthur Mayer Real Estate, Appellant

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

March 4, 1969


Orders entered May 27, 1968, denying motion to dismiss for failure to make timely service of the complaint and granting cross motion to vacate default reversed on the law, the facts and as a matter of discretion, without costs or disbursements, and motion granted and cross motion denied.

Defendant appeared in the action and demanded service of a complaint on July 1, 1965. No complaint was served, and on April 17, 1968, this motion was made. The excuses offered, illness...

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