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COONS v. AFTER DARK IN ROCHESTER

56 A.D.2d 738 (1977)

Gail Coons, Respondent, v. After Dark in Rochester, Appellant

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

February 25, 1977

Order unanimously reversed, without costs, motion granted and action dismissed.

Memorandum:

This libel action was commenced by service of a summons on September 9, 1975. Defendant appeared on September 14, 1975 and demanded a complaint. Plaintiff did not serve a complaint until March 15, 1976, and then only after defendant had instituted this motion to dismiss pursuant to CPLR 3012 (subd [b]). Defendant appeals from an order denying its motion and directing...

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