Fisher v. Tier Oil Co.

Appeal from an order of the Supreme Court at Special Term, entered August 16, 1972 in Broome County, which granted plaintiffs leave of 10 days to serve a complaint and which provided, upon compliance, plaintiffs’ default in timely serving the complaint be excused. The instant action was commenced by the service of a summons. Some four months after demanding a complaint appellant moved to dismiss for failure to comply. The motion was adjourned from time to time and six months had expired after the demand by the time the motion was heard. Respondents submitted no papers in opposition. Special…