Hall v. Rothenberg

Appeal from an order of the County Court of Ulster County (Vogt, J.), entered May 4, 1981, which conditionally granted defendants’ motion to dismiss the action for failure to serve a complaint. Plaintiff, a surveyor, sued defendants for work, labor and services in the amount of $6,500. The action was commenced by service of a summons with notice on defendants Rothenberg and Zwiebel on January 5,1979. Service of the complaint was demanded on January 19, 1979. A verified complaint was served on May 30, 1980, some .15 months after time to do so had expired. The complaint was rejected as untimely…