Order reversed, with $10 costs and disbursements; appellant's motion granted and complaint dismissed as to appellant, with leave to plaintiff to move at Special Term upon proper papers to vacate the dismissal, if plaintiff be so advised; and plaintiff's cross application denied.
In the absence of proof, made under oath by one with knowledge, that the action has merit and that there was a valid excuse for the failure to serve the complaint, Special Term should have...
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.