The issue presented is whether defendant's motion for an order dismissing the action pursuant to CPLR 3012 (subd [b]) should have been granted. On December 28, 1976, plaintiff commenced this action by serving a summons with notice which expressly demanded $20,000, with interest from January 1, 1975, for the cost of water and other utilities provided to defendant. On January 10, 1977, defendant appeared by his attorneys and demanded service of the complaint, which, however...
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