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HELLNER v. MANNOW

41 A.D.2d 525 (1973)

Sylvia Hellner et al., Respondents, v. James Mannow et al., Doing Business as Astorian Manor, Appellants

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

January 23, 1973

The accident of which plaintiff complains occurred March 23, 1968. Action was commenced on or about April 16, 1971, by service of the summons alone upon the defendant by the Sheriff. A notice of appearance and demand for a complaint was served May 20, 1971. April 27, 1972, plaintiff attempted to serve a complaint. Defendants moved pursuant to CPLR 3012 (subd. [b]) to dismiss the complaint. It is from a denial of the motion that defendants appeal. No valid excuse is offered...

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