Irrigation & Industrial Development Corp. v. Indag S. A.

In a prior action in this court commenced by motion for summary judgment in lieu of complaint, pursuant to CPLE 3213, by the present defendant, Indag S. A. (Indag), as plaintiff, against the present plaintiff, Irrigation & Industrial Development Corporation (IIDC), as defendant, Indag’s motion was denied by order (Bloustein, J., August 17,1972), directing. Indag to serve a formal complaint within 30 days. Faced with litigating an ordinary action instead of obtaining an expeditious CPLR 3213 judgment, Indag did not serve a formal complaint. Instead, it served and filed a notice of voluntary…