The accident resulting in the decedent's death occurred in 1962. Action was commenced by service of a summons without complaint in 1964, and a complaint was demanded. The verified complaint was not served until 10 years later, in 1974. It was then rejected as untimely, although one defendant retained it for approximately three weeks, and another for some two and one-half months before rejecting it. The rationale of the court at Special Term was based on the defendants' failure...
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