BERLAND v. FINE


63 A.D.2d 642 (1978)

Nat Berland, Respondent, v. Charles Fine, Appellant

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

May 1, 1978


Order reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, and motion granted.

In the light of the delay of more than 30 months in complying with defendant-appellant's demand for the service of a complaint, and the inadequate excuse offered, it was an abuse of discretion to deny the motion to dismiss the action pursuant to CPLR 3012...

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