Order reversed, on the law and the facts, with $50 costs and disbursements, and motion granted.
Plaintiff was injured on December 22, 1970. This action was commenced by service of a summons only on November 16, 1973, some 35 months subsequent to the date of injury. On January 4, 1974 defendant served a notice of appearance and demand for service of a complaint, followed by two letters, dated June 24, 1974 and October 9, 1974, respectively, further requesting service...
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