Riesenberg v. Bachrach

Yesawich, Jr., J.

Appeal from an order of the Supreme Court (Williams, J.), entered March 17, 1989 in Sullivan County, which denied defendants’ motion to dismiss the action for failure to serve a complaint.

*1191Plaintiffs served a bare summons with notice on October 26, 1987 and defendants responded by serving a notice of appearance and a demand for the complaint on November 12, 1987. To aid in framing the complaint, plaintiffs successfully moved to have one of the defendants submit to an examination before trial and produce certain documents. That deposition took place on February 11, 1988. Eight…