Vleming v. Drive & Park, Inc.

In an action to recover damages for personal injuries, etc., the appeal is from an order of the Supreme Court, Dutchess County, dated August 5, 1977, which granted the plaintiffs motion to vacate an order dismissing the action for failure to serve a complaint. Order affirmed, without costs or disbursements. Approximately one month after serving a notice of appearance and demand for a complaint, appellant moved to dismiss the action for failure to serve a complaint. The motion was granted without opposition. Two months after the date of the order of dismissal and four months after the…