Sinder v. 345 Cypress Realty Corp.

Order entered October 20, 1969, denying defendant’s motion to dismiss for failure to timely serve a complaint pursuant to CPLR 3012 (subd. [b]) and granting plaintiffs’ motion to vacate plaintiffs’ default in serving the same, unanimously reversed on the law and on the facts, without costs and without disbursements, and the action dismissed. Under the chronology of this ease, in response to a summons served upon it on May 7, 1967, the defendant appeared and demanded a copy of the complaint, on May 17, 1967; not receiving the same, defendant moved to dismiss on August 11, 1969. The excuse…