Rascoe v. Clark

Appeal from an order of the Supreme Court at Special Term, entered November 17, 1977 in Albany County, which conditionally dismissed the action against defendant Fasulo unless plaintiff served a complaint upon the attorneys for Fasulo within 10 *877days. This action was commenced against defendant Fasulo by the service of a summons upon her on September 22, 1975. On December 9, 1975 defendant Fasulo served a notice of appearance and demand for a complaint upon plaintiffs attorney. Since no complaint was received for approximately 20 months, defendant Fasulo moved, pursuant to CPLR 3012 (subd…