Plaintiff commenced the instant action by summons and notice (CPLR 305 [b]) on December 3, 1983 seeking a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]). Defendant appeared and demanded a complaint on December 15, 1983. Plaintiff's time to serve the complaint was extended by stipulation of the parties. In May 1984, when the complaint still had not been served, plaintiff served a notice of voluntary...
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