The record discloses that while originally the defendant's counsel requested a delay for the purpose of timely entering an appearance, the plaintiff after receiving such appearance and a demand for a complaint failed to serve a complaint or take any steps to prosecute the action until after the motion herein was made pursuant to CPLR 3012 (subd [b]) to dismiss the action. The motion herein is discretionary and the affidavits on behalf of plaintiff do not establish that the...
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