HUETHER v. BLAD


35 A.D.2d 774 (1970)

John M. Huether, Respondent, v. Peter Blad et al., Appellants

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

October 29, 1970


Order unanimously reversed, without costs, and motion granted.

Memorandum:

This is an appeal from an order denying the defendants' motion to dismiss the complaint for unreasonable neglect to proceed with the action. The accident giving rise to this action occurred on July 27, 1965 when it is alleged that plaintiff fell from a defective ladder furnished by defendant Peter Blad. A summons alone was served on August 16, 1966 and on August 23, 1966 a notice

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