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  5. 128 A.D.2d 923 (1987)
 

PREFERRED MUT. INS. CO. v. WALTER J. SOCHA BUILDERS, INC.

128 A.D.2d 923 (1987)

Preferred Mutual Insurance Company, Respondent, v. Walter J. Socha Builders, Inc., Appellant

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

March 5, 1987

Harvey, J.

Plaintiff commenced this action by service of a summons with notice in November 1985. Defendant served a demand for a complaint and agreed to extend the time for serving the complaint for 30 days, to March 10, 1986. Plaintiff failed to serve a complaint and, in May 1986, defendant moved to dismiss the action pursuant to CPLR 3012 (b). Supreme Court granted the motion only upon the condition that...

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