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WEISS v. KAHAN

209 A.D.2d 611 (1994)

619 N.Y.S.2d 112

Avraham Weiss et al., Respondents, v. Jeno Kahan et al., Appellants

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

November 21, 1994

Ordered that the order is reversed, as a matter of discretion, with costs, the defendants' motion to dismiss the action for failure to timely serve a complaint is granted, the plaintiffs' cross motion to vacate their default is denied, and the complaint is dismissed.

CPLR 3012 (b) requires that a plaintiff serve the complaint within 20 days after service of a defendant's demand therefor. If the complaint is not thereafter...

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