Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion granted unconditionally.
This action was commenced by the service of a summons upon defendant on or about July 7, 1980. Defendant demanded a complaint on October 20, 1980. No complaint was served. On or about March 16, 1982 defendant moved to dismiss the action pursuant to CPLR 3012 (subd [b]). Plaintiffs did not submit written opposition but did argue before Special...
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