Plaintiff Arvin B. Parker was involved in an auto accident on October 18, 1978. On October 17, 1981, a bare summons was served on defendant. Defendant moved to dismiss the action for failure to serve a notice with the complaint pursuant to CPLR 305 (subd [b]). Plaintiffs, while not opposing defendant's motion, cross-moved for leave to commence a new action within six months pursuant to CPLR 205 (subd [a]). Both motions were granted and defendant has appealed from that portion...
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