Mathews v. Harford

Appeal from an order of the Supreme Court at Special Term, entered July 8, 1977 in Chemung County, which granted defendant’s motion to dismiss the action.* On October 4, 1974, the present action to recover upon a debt on a simple contract and guarantee thereof was commenced by service upon defendants of a summons with notice. The very next day defendant replied through her attorney by serving upon plaintiff’s attorney a notice of appearance and a demand for a complaint. Thereafter, no complaint was ever served, and, ultimately, over two and one-half years later on May 31, 1977, defendant…