Buchner v. Pines Hotel, Inc.

Appeal from an order of the Supreme Court at Special Term, entered June 20, 1979 in Sullivan County, which denied defendant’s motion to vacate a note of issue and to dismiss the action pursuant to CPLR 3012 (subd [b]) and 3215 (subd [c]). This action was commenced by the service of a summons on May 2, 1975, to recover for injuries incurred in an accident on March 20, 1971. A notice of appearance was served on behalf of defendant on May 6, 1975. A copy of the complaint was served by mail on April 14, 1977. No answer was ever served. Thereafter, plaintiff’s attorneys were advised of an order…