On October 4, 1974, the present action to recover upon a debt on a simple contract and guarantee thereof was commenced by service upon defendants of a summons with notice. The very next day defendant replied through her attorney by serving upon plaintiff's attorney a notice of appearance and a demand for a complaint. Thereafter, no complaint was ever served, and, ultimately, over two and one-half years later on May 31, 1977, defendant moved, pursuant to CPLR 3012 (subd [b...
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