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SHAPIRO v. EXCH. MUT. INS. CO.

37 A.D.2d 879 (1971)

Henry Shapiro, Doing Business as Chateau Du Lac Motor Inn, Respondent, v. Exchange Mutual Insurance Company et al., Appellants. (And Four Other Actions.)

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

October 21, 1971

The actions were commenced on September 1, 1967 by service of a summons on the Superintendent of Insurance. The appellants appeared on October 2, 1967 and demanded copies of the complaints. On March 5, 1970 appellants moved to dismiss the actions for failure to serve a complaint pursuant to CPLR 3012, (subd. [b]). Respondent did not answer the motions or appear in opposition to them. Under these circumstances, the court's grant of the order to dismiss conditionally was an...

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