BURGESS v. LONG ISLAND R.R. CO.


38 A.D.2d 750 (1972)

Charles E. Burgess, an Infant, by Theodore R. Burgess, Sr., et al., Respondents, v. Long Island Railroad Company, Appellant

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

January 31, 1972


Order modified by striking therefrom everything following the words that the motion is "granted". As so modified, order affirmed, with $10 costs and disbursements to appellant. The record discloses that plaintiffs failed to serve their complaint for a period of nine months after a demand therefor by defendant. Plaintiffs also defaulted upon the motion by defendant to dismiss the action, offering neither an excuse for their failure to serve the complaint nor an affidavit of...

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