Warren v. Baker

Order unanimously reversed, without costs, motion granted and action dismissed. Memorandum: Defendant appeals from an order denying his motion to dismiss the action pursuant to CPLR 3012 (subd [b]) for failure to prosecute. This automobile negligence action was commenced by service of a summons in October, 1974. Though defendant served a notice of appearance and demand for complaint in February, 1975, the complaint was not served until after the return date of defendant’s motion to dismiss in October, 1976. While plaintiff was without an attorney from sometime in June, 1976 until September,…