Vita v. Heller

concurs in the result, with the following memorandum, in which Lazer, J. P., concurs: As described in the memorandum by two of my concurring colleagues, plaintiff attempted to serve a complaint on defendants more than three months after defendants allegedly served a notice of appearance and demand for the complaint. According to an affidavit of service contained in the record, the potice of appearance and demand for the complaint was served on August 19, 1980. To demonstrate an excuse for the late service of the complaint, plaintiff’s attorney submitted affidavits from himself and his…