SIMONS v. SANFORD PLAZA, INC.


44 A.D.2d 710 (1974)

Mary Simons et al., Respondents, v. Sanford Plaza, Inc., Appellant

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

April 22, 1974


Order reversed insofar as appealed from, on the law and the facts, with $20 costs and disbursements, and, as otherwise provided in the order, the motion is granted unconditionally.

Plaintiffs failed to serve a complaint for about 15 months after a written demand therefor by defendant. Special Term should not have permitted plaintiffs to serve their complaint in the absence of a successful motion by them to be relieved of their default (Beckham v. Lefferts Gen....

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