MARION v. NOTRE DAME ACAD. HIGH SCH.


133 A.D.2d 614 (1987)

Kimberly Marion et al., Respondents, v. Notre Dame Academy High School, Appellant

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

October 5, 1987


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the action is dismissed.

This action was commenced by service of a summons with notice, dated December 10, 1985. The defendant appeared on December 18, 1985, by serving a notice of appearance and a demand for a complaint. The plaintiffs failed to serve the complaint until June 26, 1986, more than six months after the demand therefor. Such service was promptly...

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