Lennox v. Rhodes

Appeal from an order of the Supreme Court, Essex County, granting respondents’ motion to compel the appellants to accept their complaint, denying appellants’ cross motion, made pursuant to CPLR 3012 (subd. [b]) to dismiss the action for failure to timely serve the complaint, and ordering the respondents to serve their complaint upon the appellants within 20 days after service of a copy of said order. Special Term correctly rejected respondents’ excuse, premised on the practice commitments of their attorney, for a 26-month delay in serving their complaint following appellants’ demand for *802servic…