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HONOHAN v. HANNAFORD BROS. CO.

208 A.D.2d 1177 (1994)

617 N.Y.S.2d 941

Joan Honohan et al., Respondents, v. Hannaford Brothers Company, Doing Business as Shop 'n Save, Appellant

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

October 27, 1994

Mercure, J. P.

Plaintiffs commenced this action by service of a summons with notice on December 10, 1992. Defendant served a notice of appearance and demand for a complaint on January 7, 1993. On November 23, 1993, defendant moved to dismiss the action pursuant to CPLR 3012 (b) for failure to serve a complaint. Supreme Court denied the motion and defendant appeals.

We reverse. In view of the protracted...

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