Louis R. Shapiro, Inc. v. Milspemes Corp.

Order, entered on November 15, 1963, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion to dismiss the complaint denied, with $10 costs. In March, 1962 plaintiff commenced an action by service of a summons with notice. No complaint was served. By motion returnable February 26, 1963 plaintiff sought leave to serve a complaint. The motion was denied with leave to renew on proper papers, including an affidavit of merits. Thereafter, by a notice of motion dated March 20, 1963 and returnable April 3, 1963, plaintiff moved for leave to renew its…