ODESS v. MED. CTR., TEAMSTER LOCAL 1034


67 A.D.2d 941 (1979)

Sheldon Odess, Respondent, v. Medical Center, Teamster Local 1034, Defendant, and Steven Eleew et al., Appellants

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

February 13, 1979


Order reversed, on the law, without costs or disbursements, motion granted, and cross motion denied.

In our opinion, the extended illness and depression of plaintiff's attorney caused by the death of his wife some years before, was insufficient reason to justify the more than 30-month delay in complying with appellants' demand for service of a complaint. Accordingly, the denial of appellants' motion to dismiss the action pursuant to CPLR 3012 (subd [b]) constituted...

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