Coons v. After Dark in Rochester

Order unanimously reversed, without costs, motion granted and action dismissed. Memorandum: This libel action was commenced by service of a summons on September 9, 1975. Defendant appeared on September 14, 1975 and demanded a complaint. Plaintiff did not serve a complaint until March 15, 1976, and then only after defendant had instituted this motion to dismiss pursuant to CPLR 3012 (subd [b]). Defendant appeals from an order denying its motion and directing it to accept service of plaintiff’s complaint. The burden of explaining this dilatory conduct rests upon the plaintiff. (Hamilton v…