Wakschal v. Century Estates, Inc.

In an action by a wife to recover damages for personal injuries, and by her husband to recover damages for the loss of his wife’s services, the defendant appeals from an order of the Supreme Court, Queens County, entered October 19, 1959, denying its motion to dismiss the complaint for failure to serve a copy thereof (Civ. Prae. Act, § 257). The action was commenced by service of the summons 18 months after the accident. Defendant appeared timely and demanded a copy of the complaint, but no copy thereof was served within the next two years. Order reversed on the facts and in the exercise of…