Unanimously reversed, on the law, without costs and without disbursements; plaintiff's motion denied and defendant's cross motion to dismiss the action granted.
Defendant did not specifically state in an affidavit or affirmation that it made a demand for the complaint. It did so state in the outline of this action's procedural history contained in its memorandum of law, to wit, that "on July 25, 1975, the defendant served a notice of appearance and demand for the...
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