JONES v. TSS SEEDMAN'S INC.


131 A.D.2d 728 (1987)

Winfred Jones, Respondent, v. Tss Seedman's Inc., et al., Appellants

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

June 22, 1987


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion to dismiss the action is granted unconditionally.

We have no occasion to address whether the plaintiff was justified in failing to serve a complaint pursuant to a demand served over 18 months prior to the motion to dismiss (see, CPLR 3012 [b]). In response to the motion, the plaintiff submitted only the affirmation of her attorney (cf., CPLR...

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