On August 29, 1981, plaintiff served defendant with a summons and notice on a cause of action for $45,000 in damages for which defendant was allegedly liable to plaintiff on a fire insurance policy. Defendant served a notice of appearance and demand for a complaint on plaintiff on September 11, 1981. No complaint was forthcoming. Therefore, on April 27, 1982, defendant moved for dismissal of the action for failure to serve a complaint (CPLR 3012, subd [b]). This motion was...
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