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ELLIS v. ELLIS

91 A.D.2d 711 (1982)

Martha Ellis et al., Respondents, v. Nancy P. Ellis, as Administratrix C.T.A., of The Estate of Lewis B. Parmerton, Deceased, Appellant

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

December 2, 1982

This action was commenced by service of the summons with notice on December 22, 1980. Defendant's attorneys served a notice of appearance and demand for the complaint on December 30, 1980. When no complaint was served, defendant moved to dismiss the action on September 30, 1981. Plaintiffs cross-moved for an extension of time within which to serve a complaint. Special Term denied defendant's motion and granted plaintiffs' cross motion. This appeal ensued. There must be a...

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