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GRANT v. CITY OF NORTH TONAWANDA

225 A.D.2d 1089 (1996)

639 N.Y.S.2d 193

Stacey G. Grant, Respondent, v. City of North Tonawanda et al., Appellants

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

March 8, 1996

Order unanimously reversed on the law without costs, motion granted and action dismissed.

Memorandum:

Supreme Court improvidently exercised its discretion in denying defendants' motion to dismiss the action for failure to serve a complaint. Plaintiff commenced this action for false imprisonment in May 1994 by service of a summons with notice. Defendants' attorney served a notice of appearance and demand for complaint dated June 15, 1994. More than two months...

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