Order unanimously reversed, with costs, motion granted and action dismissed.
Memorandum:
This action was commenced in Monroe County Court on October 25, 1976 by service of a summons with notice for breach of contract in the amount of $3,500. Defendant served a notice of appearance and demand for complaint on November 12, 1976; however, the complaint was not served on defendant's attorney until February 9, 1978, at which time plaintiff also served a notice...
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