Powers v. Wax

— Appeal from an order of the Supreme Court at Special Term, entered November 5, 1979 in Greene County, which denied defendant’s motion to dismiss the action for failure to serve a complaint and granted plaintiff’s cross motion to compel defendant to accept the complaint. This action was commenced by the service of a summons only on defendant on or about December 16, 1977. A notice of appearance and demand for a complaint were served on the then attorney for plaintiff on December 30, 1977. For over 17 months no effort was made to comply with this demand. On June 27, 1979, defendant moved to…