KRIEGSMAN v. ROSENFELD


35 A.D.2d 693 (1970)

Irene Kriegsman et al., Respondents, v. Clara Rosenfeld et al., Defendants, and Morton M. Rosenfeld, Individually, and as Trustee, et al., Appellants

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

October 6, 1970


Order entered August 5, 1969 denying motion to dismiss this action for failure to timely serve a complaint reversed, on the law and facts and in the exercise of discretion, the motion granted, with costs, the complaint dismissed and the action severed as to defendants-appellants; and the appellants shall recover of the respondents $30 costs and disbursements of the appeal.

No legal excuse was offered for the failure to serve a complaint more than three years after...

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