This action was commenced by the service of a summons only on defendant on or about December 16, 1977. A notice of appearance and demand for a complaint were served on the then attorney for plaintiff on December 30, 1977. For over 17 months no effort was made to comply with this demand. On June 27, 1979, defendant moved to dismiss the action pursuant to CPLR 3012 (subd [b]). Prior to August 9, 1979, the return date of the motion, plaintiff served his complaint which defendant...
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