Groat v. Robinson

Appeal from an order of the Supreme Court at Special Term, entered July 3, 1980 in Delaware County, which, inter alia, denied defendants’ cross motion to dismiss the complaint. The record reveals that the plaintiffs have been in default in the service of their complaint since about April 27 or April 30, 1978. By a letter dated May 18,1978, the defendants’ attorney reminded plaintiffs’ counsel that his clients had appeared and demanded a copy of the complaint on April 7,1978 and had received no response. On September 12, 1979 counsel for defendants told plaintiffs’ counsel that he would accept…