The sole issue presented is whether defendant's motion for an order dismissing the action pursuant to CPLR 3012 (subd [b]) should have been granted unconditionally. On April 8, 1976 plaintiffs commenced their action by serving a summons with notice upon the defendant. On April 15, 1976 the defendant served a notice of appearance and a written demand for a complaint upon plaintiffs' attorney. After four and one-half months passed without a response, defendant moved to dismiss...
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