Lehigh Valley Railroad v. North American Van Lines, Inc.

Appeal from an order of the Supreme. Court, Tioga County, denying appellant’s motion to dismiss the action pursu*924ant to CPLR 3012 (subd. [ib]). On November 16,1965 appellant was served with a summons without a complaint and on December 8, 1965 in turn served a notice of appearance and a demand for the complaint. When the complaint was not forthcoming by January 5, 1966 appellant brought the instant motion to dismiss the action. On January 11, 1966 respondent mailed a copy of the complaint which was returned by the appellant. Special Term denied the motion citing CPLR 2001 and 2004. CPLR 3012…