Rios v. Skaters World Roller Rink, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P. J.
Appeal from an order of the Supreme Court (Kane, J.), entered February 21, 1997 in Sullivan County, which, inter alia, denied defendant’s motion to dismiss the action for failure to timely serve the complaint.
In February 1996, plaintiffs commenced this personal injury action against defendant by filing a summons with notice. In May 1996, defendant served a notice of appearance and demand for a complaint. Having received no response from plaintiffs’ attorney in the ensuing 5V2 months, defendant moved pursuant to CPLR 3012 (b) to dismiss the action for failure to timely serve a complaint. One…
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