Order unanimously affirmed, without costs.
Memorandum:
Defendant appeals from an order at Special Term which denied his motion to dismiss plaintiff's wrongful death action because of her failure to timely serve her complaint and which granted plaintiff's motion to open her default in the service thereof. The action was commenced by the service of a summons on defendant on January 13, 1971. Defendant's notice of appearance was served on January 18, 1971. The...
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