Kinnear v. Iacovelli

— Appeal from an order of the Supreme Court at Special Term, entered October 12, 1978 in Broome County, which denied defendant’s motion to dismiss the action. The issue presented is whether defendant’s motion for an order dismissing the action pursuant to CPLR 3012 (subd [b]) should have been granted. On December 28, 1976, plaintiff commenced this action by serving a summons with notice which expressly demanded $20,000, with interest from January 1, 1975, for the cost of water and other utilities provided to defendant. On January 10, 1977, defendant appeared by his attorneys and demanded…