In opposition to defendant's motion, made July 26, 1976 and returnable August 17, 1976, to dismiss this action for failure to serve the complaint, plaintiffs' attorney submitted his affidavit stating that he had personally served the complaint by mail on July 8, 1976. Defendant claims that service was not made until August 9, 1976. In either case, the complaint has been served prior to the return day of a motion demanding it and therefore Special Term acted properly in denying...
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