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RASCOE v. CLARK

65 A.D.2d 876 (1978)

Margaret L. Rascoe, Respondent, v. Paul M. Clark et al., Defendants, and Carmen P. Fasulo, Appellant

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

November 16, 1978

This action was commenced against defendant Fasulo by the service of a summons upon her on September 22, 1975. On December 9, 1975 defendant Fasulo served a notice of appearance and demand for a complaint upon plaintiff's attorney. Since no complaint was received for approximately 20 months, defendant Fasulo moved, pursuant to CPLR 3012 (subd [b]), to dismiss the action for failure to serve a complaint. Special Term conditionally...

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