SEMPREVIVO v. WORMUTH


49 A.D.2d 993 (1975)

Vincent J. Semprevivo, Respondent, v. James W. Wormuth, Appellant

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

October 30, 1975


This action for money damages for personal injuries allegedly sustained in an automobile accident on October 20, 1968 was commenced by service of a summons on October 18, 1971. Defendant served notice of appearance, and on April 7, 1972 brought a motion to dismiss for failure to serve a complaint. A conditional order of dismissal was issued, as a result of which plaintiff's complaint was served May 25, 1972. (The conditional order contained the notation that it was served...

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