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GEORGE v. SAMSON FLOORS

78 A.D.2d 156 (1980)

Bertha George, Respondent, v. Samson Floors, Inc., Appellant

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

December 31, 1980

Attorney(s) appearing for the Case

Terry & Klafehn (Rodney L. Klafehn of counsel), for appellant.

George T. Martin for respondent.

GREENBLOTT, MAIN, MIKOLL and HERLIHY, JJ., concur.

MAHONEY, P. J.

The facts are simple and undisputed. Plaintiff served defendant with a summons without notice on July 30, 1976.* Approximately 22 months later, on April 26, 1978, defendant served its notice of appearance and demand for service of the complaint. Fifteen months later, specifically on August 2, 1979, defendant moved to dismiss the action because of plaintiff's failure to serve the complaint within the time required...

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