DE PASQUALE v. H. LEWKOWITZ, INC.


51 A.D.2d 919 (1976)

Louis De Pasquale et al., Respondents, v. H. Lewkowitz, Inc., Appellant

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

March 9, 1976


Except as so modified, the order appealed from is otherwise affirmed, without costs.

In view of the indifferent attitude exhibited by plaintiffs with respect to defendant's notice of appearance and demand for plaintiffs' addresses and their failure to respond to defendant's letter request for the complaint, the denial of defendant's motion to dismiss this action because of the plaintiffs' failure to serve their complaint should have been expressly conditioned on their...

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