SCALA v. FULLER


39 A.D.2d 767 (1972)

Robert Scala, Respondent, v. Robert E. Fuller et al., Appellants, et al., Defendant

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

May 22, 1972


Order reversed insofar as appealed from, without costs, appellants' motion to dismiss the action granted, and plaintiff's cross motion denied.

As a result of an accident which occurred on November 6, 1966, a summons was served on appellants on May 15, 1968; their notice of appearance and demand for the service of a complaint was served on July 2, 1968. The parties entered into a stipulation in June, 1969, which added another defendant. The latter has never been served...

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