Johnson v. Johnson

—Appeal from an order of the Supreme Court at Special Term entered November 20, 1973 in Montgomery County which granted defendants’ motion to dismiss the complaint for failure of timely service pursuant to CPLR 3012 (subd. [b]), and denied plaintiff’s cross motion to compel the defendants to accept the complaint. The action was commenced by service of a summons with notice. On March 9, 1973 the defendants served a notice of appearance with demand for the complaint by mail. About four months later the plaintiff served a verified complaint detailing a cause of action based upon breach of a…