JOHNSON v. JOHNSON


45 A.D.2d 899 (1974)

Mary Johnson, Appellant, v. John E. Johnson et al., Respondents

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

July 3, 1974


The action was commenced by service of a summons with notice. On March 9, 1973 the defendants served a notice of appearance with demand for the complaint by mail. About four months later the plaintiff served a verified complaint detailing a cause of action based upon breach of a warranty deed and fraud and deceit. The defendants did not reject the complaint or move to dismiss the action for untimeliness pursuant to CPLR 3012 (subd. [b]) until some 18 days after the complaint...

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