MARSH v. PHILLIPS


167 A.D.2d 905 (1990)

Robert Marsh, Respondent, v. David Phillips et al., Defendants, and Joseph Stasio et al., Appellants. (Appeal No. 1.)

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

November 16, 1990


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

Defendants appeal from orders denying their respective motions to dismiss the complaint in plaintiff's action to recover for personal injuries. All defendants contend that, because two years earlier the action had been dismissed on default for plaintiff's failure to serve a complaint pursuant to defendants' demand, and because plaintiff had failed...

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