SOSIS v. 120 LIBERTY ST. FOUND. CO.


45 A.D.2d 828 (1974)

Ruth Sosis, Respondent, v. 120 Liberty Street Foundation Company, Appellant

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

July 2, 1974


We are able to glean from the scanty record and brief that this action was commenced by the service of a summons alone on May 10, 1973 to recover damages for injuries suffered in an accident on May 4, 1970. (Thus, it would appear that it was untimely commenced. CPLR 214.) Defendant served its notice of appearance with a demand for a complaint on May 30, 1973. No complaint having been forthcoming for about 10 months, defendant, in February, 1974, moved to dismiss the action...

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