De Jose v. Town of Hempstead

Bernard S. Meyer, J,

In this action for personal injuries sustained when plaintiff fell on a sidewalk, the town moves under rule 107 of the Buies of Civil Practice to dismiss the complaint for failure to commence the action within the time limited by law and under the Civil Practice Act (§ 257) for failure to serve a complaint within 20 days after service of the town’s notice of appearance, and plaintiff cross-moves to compel the town to accept the complaint. Defendant town’s motions are denied and plaintiff’s motion is granted, but since, as the town’s reply affidavit points out, the…