Order reversed, in the exercise of discretion, without costs; plaintiff's motion denied; and defendant's cross motion granted.
To justify the 29-month delay in serving the complaint, plaintiff's attorney asserts that his secretary inadvertently placed the case file with those marked "closed". In our opinion, this excuse amounts to a "law-office failure", which, standing alone, is insufficient to defeat a motion to dismiss an action for failure to timely serve a complaint...
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