Wurzburger v. R. E. Smith Fuel Co.

Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered February 14, 1983 in Greene County, which granted defendants’ motion for dismissal of the action. HThis action was commenced by the service of a summons with notice on February 18,1982. On March 16, 1982, a notice of appearance and demand for the service of a complaint were duly served upon the attorneys for plaintiffs. Eight months later, when no complaint had been forthcoming and no extension of time within which to serve the complaint had been granted or indeed sought, defendants moved for dismissal of the action…