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ARNOLD v. GEN. MOTORS CORP.

45 A.D.2d 847 (1974)

Hyman Arnold et al., Respondents, v. General Motors Corp. (Cadillac Division) et al., Appellants

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

July 8, 1974

Order reversed, insofar as appealed from, with $20 costs and disbursements, and motion granted unconditionally.

Plaintiffs' failure to serve a complaint for 26 months after a demand for service thereof was unreasonable and unjustified (see McKay v. Smithtown Gen. Hosp., 42 A.D.2d 594; Beckham v. Lefferts Gen. Hosp., 36 A.D.2d 726). Therefore, it was an improvident exercise of Special...

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