Order unanimously reversed, without costs, and motion denied.
Memorandum: This wrongful death action was commenced by the service of a summons alone on November 16, 1966, 12 days before the expiration of the Statute of Limitations. Although a notice of appearance and demand for complaint was served on November 22, 1966, no complaint was forthcoming and no further step was taken in the litigation until February, 1970, when an attorney other than the one who had prepared...
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