Sakvarelidze v. Epstein

In an action to recover damages for alleged malpractice, defendant Epstein appeals from an order of the Supreme Court, Queens County, dated October 16, 1973, which denied his motion to dismiss the action for failure to serve a complaint in response to his demand therefor (CPLR 3012, subd. [b]). Order reversed, with $20 costs and disbursements, on the facts, motion granted and action dismissed as to defendant Epstein. Appellant’s first motion to dismiss was made about six months after his demand for a complaint. That motion was never decided on the merits but, after numerous adjournments, was…