WAINWRIGHT v. NASSAU RECYCLE CORP.


59 A.D.2d 891 (1977)

John Wainwright, Respondent, v. Nassau Recycle Corp., Appellant, et al., Defendant

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

November 7, 1977


Order reversed, with $50 costs and disbursements, and motion granted.

Plaintiff-respondent has failed to demonstrate a valid justification for the protracted delay in serving his complaint. There is no imminent danger that the Statute of Limitations will expire; nor does the service of another and redundant notice of appearance by substituted counsel excuse the delay. The fact that the codefendant accepted belated service is not determinative of appellant's rejection...

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