Modified, on the law and the facts, to the extent of striking the condition set forth in the order, and otherwise affirmed, with costs to defendant-appellant Northeast Bronx Hillside Corp. On June 9, 1977, a summons was served commencing this action.
On July 8, 1977, counsel for defendant demanded that plaintiff serve his complaint and after a lapse in excess of one year, the defendant on November 8, 1978, moved to dismiss for failure to serve a complaint. Although...
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