Order reversed, with $20 costs and disbursements, motion denied, cross application granted, and action dismissed.
Plaintiffs failed to adequately excuse the delay of approximately four and a half years in serving the complaint. Moreover, plaintiffs delayed for 15 months in making the motion to compel the acceptance of the complaint which had been rejected by defendant. Under the circumstances, Special Term erred by holding, in effect, that defendant had waived the...
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