City of New York v. AFA Protective Systems, Inc.

Order, Supreme Court, New York County, entered September 9, 1980, which denied defendant’s motion to dismiss the action for failure to serve a timely complaint, and granted plaintiff’s cross motion to compel acceptance of the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion to dismiss granted. Plaintiff, the City of New York, delayed almost eight months in serving a complaint in response to defendant’s notice of appearance and demand for a copy of the complaint. The only justification offered is that the notice of appearance and demand were misrouted…