Pollack v. Eskander

Doerr and Boomer, JJ.

(dissenting). The IAS Court erred in compelling defendants to accept service of plaintiff’s complaint. On or about January 17, 1991, plaintiff served on defendants a summons with notice. Pursuant to CPLR 3012 (b), defendants served on plaintiff a demand for a complaint dated January 28, 1991. Despite repeated requests by defendants’ counsel to serve a complaint or execute a stipulation of discontinuance, plaintiff’s counsel failed to serve a complaint. On June 18, 1992, after plaintiff retained other counsel, counsel served a complaint, which defendants’ attorney refused…