Order unanimously reversed, without costs, motion granted and action dismissed.
Memorandum:
Defendant appeals from an order denying his motion to dismiss the action pursuant to CPLR 3012 (subd [b]) for failure to prosecute. This automobile negligence action was commenced by service of a summons in October, 1974. Though defendant served a notice of appearance and demand for complaint in February, 1975, the complaint was not served until after the return date...
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