Muka v. Chalenski

Appeal from an order of the Supreme Court at Special Term (Smyk, J.), entered July 24, 1982 in Tompkins County, which granted defendants’ motions to dismiss the actions for failure to timely serve a complaint. On August 17, 1981, plaintiff served identical summonses with notice on defendants Robert Holt and Steven Fisher. On September 8, 1981, the identical summonses with notice were served on defendants Arthur Chalenski and George Lowe. Defendants served timely written demands for complaints on plaintiff. Some eight months later, defendants filed motions to dismiss pursuant to CPLR 3012…