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O'HALLORAN v. ELLER

43 A.D.2d 955 (1974)

William T. O'Halloran, as Administrator of The Estate of Joseph W. Brown, Deceased, Respondent, v. Milton Eller, Appellant, et al., Defendants

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

February 11, 1974

Order reversed, with $20 costs and disbursements, motion granted unconditionally and action dismissed.

The motion was made about a year after service of appellant's demand for a complaint. The affidavit of plaintiff is insufficient to establish a valid reason for his failure to serve at least a cursory complaint upon defendant Eller within the time prescribed by statute, since it appears from the record on appeal that plaintiff...

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