Solomon v. Perkins

Order unanimously reversed, without costs, and defendant’s motion granted. Memorandum: Defendant appeals from an order denying his motion to dismiss the action for failure to prosecute pursuant to CPLR 3012 (subd [b]) and granting plaintiff’s cross motion to compel defendant to accept service of the complaint. In December, 1973 plaintiff commenced this medical malpractice action by service of a summons and defendant timely responded with a notice of appearance and demand for a complaint. No further pleading was served until April, 1975 when defendant moved to dismiss. While plaintiff may have…