FISHER v. TIER OIL CO.


40 A.D.2d 930 (1972)

Ingeborg M. Fisher et al., Respondents, v. Tier Oil Company, Appellant, and Madeline B. Mangan Real Estate et ano., Defendants

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

November 30, 1972


The instant action was commenced by the service of a summons. Some four months after demanding a complaint appellant moved to dismiss for failure to comply. The motion was adjourned from time to time and six months had expired after the demand by the time the motion was heard. Respondents submitted no papers in opposition. Special Term granted the motion conditioned upon respondent's failure to serve a complaint within 10 days....

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