SINDER v. 345 CYPRESS REALTY CORP.


34 A.D.2d 777 (1970)

Rubin Sinder et al., Respondents, v. 345 Cypress Realty Corp., Appellant

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

May 26, 1970


Order entered October 20, 1969, denying defendant's motion to dismiss for failure to timely serve a complaint pursuant to CPLR 3012 (subd. [b]) and granting plaintiffs' motion to vacate plaintiffs' default in serving the same, unanimously reversed on the law and on the facts, without costs and without disbursements, and the action dismissed.

Under the chronology of this case, in response to a summons served upon it on May 7, 1967, the defendant appeared and demanded...

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