Kaveny v. Fine

— Kane, J. P.

Appeal from an order of the Supreme Court at Special Term (White, J.), entered April 8, 1985 in Washington County, which granted defendant’s motion to dismiss two actions for failure to timely serve a complaint.

By service of summonses with notice, plaintiff commenced two actions against defendant. One action was commenced on July 16, 1982 and the second on May 31, 1984. In each action, there was a timely appearance by defendant, together with a demand for a complaint. No complaint was served and, on or about January 28, 1985, defendant moved to dismiss the actions based on…