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McNAMARA v. PAST TIME PUB, INC.

100 A.D.2d 618 (1984)

Toni McNamara, Now Known as Toni Schimmoller, Respondent, v. Past Time Pub, Inc., Appellant

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

March 26, 1984

¶ Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed.

¶ Plaintiff commenced this action on March 9, 1982, by the service of a summons with notice. On April 20, 1982, defendant served a notice of appearance and a demand for a complaint. Plaintiff neither served the complaint nor moved for an extension of time to do so. On April 27, 1983, defendant moved to dismiss the action pursuant to CPLR 3012 (subd [b])...

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