Saraceno v. Piscopo

Order insofar as appealed from unanimously reversed, with $25 costs and disbursements, and defendants’ motion to dismiss the complaint granted unconditionally, with $10 costs. Memorandum: Defendants moved on September 19, 1961, to dismiss the complaint for failure to serve a copy thereof. The moving papers established that the summons was served on October 20,1960. Notice of appearance was served on November 9, 1960. Thus on the return of the motion plaintiff had been in default in serving a complaint for nearly 11 months. No answering affidavit was served and the order granting a conditional…