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DE STEFANO v. NASH

40 A.D.2d 1010 (1972)

Edward De Stefano, Respondent, v. John F. Nash et al., as Trustees of the Property of Lehigh Valley Railroad Company, Appellants, and Penn Central Transportation Co., Defendant

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

December 26, 1972

Order reversed, in the exercise of discretion, with $10 costs and disbursements, and motion to dismiss the complaint granted.

The summons was served two days before the three-year Statute of Limitations would have barred the action; and the motion to dismiss was made about 10 months after the service of appellants' notice of appearance demanding service of a complaint. No complaint was served until after the motion to dismiss the complaint was made. In the absence...

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