Defendant's motion was brought under CPLR 3012 (subd [b]) because the complaint, which was rejected as untimely, was not served for more than three years after its service was demanded. Plaintiff has failed to provide any excuse for the delay other than that both he and his counsel, each independently of the other, believed that the case had been abandoned. After his accident plaintiff moved to Puerto Rico, believing that his attorney had dropped the case. The attorney believed...
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