Hellner v. Mannow

Order, Supreme Court, Bronx County, entered August 14, 1972, unanimously reversed, on the law and in the exercise of discretion, and defendants’ motion to dismiss the complaint is granted and the complaint dismissed, without costs and without disbursements. The accident of which plaintiff complains occurred March 23, 1968. Action was commenced on or about April 16, 1971, by service of the summons alone upon the defendant by the Sheriff. A notice of appearance and demand for a complaint was served May 20, 1971. April 27, 1972, plaintiff attempted to serve a complaint. Defendants moved pursuant…