Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted. The action, commenced by service of summons on April 10, 1969, was brought to recover damages for personal injuries sustained by plaintiff on April 2, 1968 as a result of defendant's alleged negligence. On May 20, 1969 defendant served its notice of appearance and demand for a copy of the complaint. Almost two years later, no complaint having been served, defendant made its motion...
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