This motion to dismiss for failure to serve a complaint (CPLR 3012, subd [b]) raises two issues. First, plaintiff, William F. Greinke, has failed to file a complaint for a period in excess of six months. His explanation for the delay is not a legal excuse.
However, there is a novel question raised in the affidavit of merits and the proposed complaint. The cause of action is based upon...
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