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HARRIS v. HAMPTON HOTEL CORP.

36 A.D.2d 999 (1971)

Burton E. Harris, Respondent, v. Hampton Hotel Corporation, Appellant, et al., Defendant

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

May 18, 1971

A summons having been served without a complaint and more than 18 months having elapsed after appellant served a notice of appearance and written demand for a copy of said pleading, appellant moved for dismissal pursuant to CPLR 3012 (subd. [b]). Upon the motion's return, plaintiff neither appeared nor submitted a proposed complaint, an excuse for his default, or a showing of merit. Under the circumstances, the motion should have...

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