Bankers Trust Hudson Valley, N. A. v. Bressman

In an action on a promissory note, defendants appeal from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered December 1, 1980, which denied their motion pursuant to CPLR 3012 (subd [b]) to dismiss the action. Order reversed, on the law, without costs or disbursements, defendants’ motion is granted and the action is dismissed. This action was commenced on November 16, 1979 by the service of a summons. Defendants served a notice of appearance and demand for complaint on January 26, 1980. By notice of motion dated October 10, 1980, defendants moved, pursuant to CPLR 3012 (subd…