LUKSIC v. KILLMER


100 A.D.2d 864 (1984)

Stefan Luksic, Respondent, v. John S. Killmer, Appellant

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

April 9, 1984


¶ Order reversed, on the law, with costs, motion granted and action dismissed.

¶ Defendant moved to dismiss plaintiff's action nearly seven months after serving a demand for the complaint upon plaintiff pursuant to CPLR 3012 (subd [b]). In opposition to the motion, plaintiff submitted an attorney's affirmation, alleging, in effect, that he did not intend to serve a complaint as long as settlement negotiations with defendant's insurance carrier were still...

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