FELTER v. 217 CTR. CORP.


38 A.D.2d 840 (1972)

Mary Felter, Respondent, v. 217 Centre Corp. et al., Appellants

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

February 14, 1972


Order reversed, without costs, and motion granted.

The motion to dismiss the action was made after close to three years had elapsed since a demand was made for service of a copy of the complaint. The complaint was served after the motion was made. No acceptable justification has been offered for such an inordinate delay. Accordingly, we think that it was an improvident exercise of discretion for the Special Term to deny the motion (Kroner v. Flora, ...

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