Order reversed, as a matter of discretion, with costs, and defendants' motion to dismiss the action granted.
In this negligence action, a summons was served in August, 1978, and a notice of appearance was interposed in November, 1978. Claiming that they received no complaint, defendants moved in June, 1981 for dismissal. In a cross motion for a default judgment, plaintiff's attorney alleged that the complaint was served in June, 1979, attaching an affidavit of service...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
