Order reversed, on the facts, with $10 costs and disbursements, plaintiffs' motion denied and defendant's cross motion granted. A summons only was served on appellant on April 16, 1968.
Appellant's notice of appearance and demand for service of a complaint were served on May 3, 1968, but the complaint was not served until September 17, 1969. It was returned as untimely. It is claimed that through an oversight plaintiffs' attorney's file of the case was placed in the...
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