Worme v. Merrill

Motion by the defendant William M. Merrill to dismiss the complaint for failure to prosecute and for a “ further order vacating and setting aside service of a summons and complaint upon Francis M. Merrill, named as a *1007defendant, for failure to file proof of service as required by Section 52 of the Vehicle and Traffic Law ”. Cross motion for leave to file summons and complaint, nunc pro tunc.

There has been no appearance either generally or specially by Francis M. Merrill. Therefore the attorneys for the movant lack authority to make any motion in his behalf. The observation may be made that…