ORLOFF TOWERS, INC. v. VERMILYA-BROWN CO., INC.


50 A.D.2d 740 (1975)

Orloff Towers, Inc., Respondent, v. Vermilya-Brown Company, Inc., et al., Defendants, and Fireman's Fund Insurance Company et al., Appellants

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

December 4, 1975


A motion to dismiss for failure to serve a complaint within 20 days after demand is addressed, under CPLR 3012 (subd [b]), to the discretion of the court (Lavigne v Allen, 36 A.D.2d 981). Where the plaintiff delayed service for a year and a half to attach to the complaint a lengthy schedule of defects which it knew it would ultimately have to provide to the defendants in this complex, million...

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