George v. Samson Floors, Inc.

OPINION OF THE COURT

Mahoney, P. J.

The facts are simple and undisputed. Plaintiff served defendant with a summons without notice on July 30, 1976.* Approximately 22 months later, on April 26, 1978, defendant served its notice of appearance and demand for service of the complaint. Fifteen months later, specifically on August 2,1979, defendant moved to dismiss the action because of plaintiff’s failure to serve the complaint within the time required by law (CPLR 3012, subd [b]). Plaintiff did not appear or submit affidavits setting forth a reasonable excuse for delay or that the complaint was…