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  5. 66 A.D.2d 795 (1978)
 

GREENBERG v. WALCLIFFE SWIMMING CLUB, INC.

66 A.D.2d 795 (1978)

Francine D. Greenberg et al., Appellants, v. Walcliffe Swimming Club, Inc., et al., Respondents

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

December 11, 1978

Order affirmed, without costs or disbursements.

This action was commenced by service of a summons only on July 15, 1976, three years after the injury. A notice of appearance and demand for a complaint was served on August 30, 1976. A complaint verified on September 6, 1977 — more than one year after the demand — which was attached by the plaintiffs to an affirmation in opposition to a motion to dismiss the action, was rejected as untimely. The plaintiffs...

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