Order reversed, on the law and the facts, without costs; defendants' motion granted: and plaintiff's cross motion denied. The motion to dismiss the action was made after about 35 months had elapsed since a demand was made for service of a copy of the complaint.
The complaint was served after the motion to dismiss was made and the only reason offered by plaintiff for his failure timely to serve the complaint was that his attorney had misplaced the file of the case...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
