Johnson v. Golub Corp.

Yesawich, Jr., J.

Appeal from an order of the Supreme Court (McDermott, J.), entered September 30, 1988 in Albany County, which denied defendant’s motion to dismiss the complaint.

On June 4, 1986, by service of a summons with notice, plaintiffs commenced this action based upon a fall plaintiff Florine Johnson allegedly suffered while on defendant’s property on June 7, 1983. Defendant immediately served a notice of appearance and demand for complaint, but no complaint was forthcoming. Two years later, defendant moved to dismiss the action pursuant to CPLR 3012 (b); the motion, received by…