Di Russo v. Kravitz

— Order filed April 14, 1966 denying defendant’s motion for leave to renew a motion previously made pursuant to CPUR 3012 (subd. [b]) reversed on the law, the facts, and in the exercise of discretion, and the motion to renew is granted, with $50 costs and disbursements to defendant and the ease dismissed nunc pro tunc as of November 29, 1963. The original motion to dismiss the action was made pursuant to CPLR 3012 (subd. [b]) on the ground that plaintiff had, at the time the motion was made, failed to serve a complaint for approximately one year after a demand therefor had been made. In…