Beermont Corp. v. Yager

Appeal from an order of the County Court, Greene County, granting respondent’s motion pursuant to CPLR 3216 to dismiss appellant’s complaint for failure to prosecute. While ordinarily respondent’s failure to serve by registered or certified mail (CPLR 3216, subd. [b], par. [3]) his demand to file a note of issue might require a denial of the instant motion (see Leichter v. Murphy, 32 A D 2d 811), we find no merit in this contention under the circumstances present in this ease. Undeniably appellant received the demand and was in no way prejudiced as to a substantial right by service by…