O'DONNELL v. COUNTY OF ERIE


159 A.D.2d 981 (1990)

Kathryn O'Donnell, as Administratrix of The Estate of Josephine I. Dengler, Deceased, Respondent, v. County of Erie, Appellant. (Appeal No. 1.)

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

March 16, 1990


Order unanimously affirmed without costs.

Memorandum:

The court did not abuse its discretion in denying respondent's motion to dismiss and in compelling respondent to accept late service of the complaint. In view of the county's inordinate delay of nine years in perfecting this appeal, it should not be heard to complain about plaintiff's five-week delay in serving the complaint. We add, however, that both parties have been guilty of egregious

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