McCargar v. Welser

— Order, *1054insofar as it denied plaintiff’s motion to amend the title to name him in his representative capacity, unanimously reversed and motion granted; motion to substitute Beverly J. McCargar granted; order and judgment dismissing complaint unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Jefferson County, for further proceedings, in accordance with the following memorandum: Law office failure is the only excuse offered by plaintiff for neglecting to serve the complaint for some nine months after demand therefor was made. While the order appealed from…