BAROUDI v. HOME INS. CO.


37 A.D.2d 882 (1971)

Philip Baroudi, Respondent, v. Home Insurance Company, Appellant. (And One Other Action.)

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

October 27, 1971


Order affirmed, without costs.

No opinion.

Reynolds, J., dissents and votes to modify in the following memorandum:

In my opinion the opposing affidavit is inadequate to justify a two year and eight month delay of service of the complaint and a denial of appellants' motion to dismiss and, accordingly, such denial was an abuse of discretion. While all that CPLR 3012 (subd. [b]) requires to make this motion to dismiss is a failure to timely...

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