Ritchie v. Gabler

Order unanimously reversed, without costs, defendant’s motion granted and action dismissed, Simons, J., not participating. Memorandum: Defendant Grabo appeals from so much of an order as denied his motion under CPLR 3012 (subd [b]) to dismiss the action for failure of plaintiff to serve a complaint. No appeal is taken from that part of Special Term’s order which granted the motion of defendant Gabler and dismissed the action as against him. This suit was commenced on November 14, 1974 by service of a summons upon the defendant Grabo. He failed to appear timely, but a stipulation dated January…