¶1Order entered July 18, 1968, unanimously modified on the law and the facts and in the exercise of discretion and the motion to dismiss the action for failure to serve a complaint granted unconditionally, with $30 costs and disbursements to appellant. Plaintiff has failed to show 'any justification for the delay of almost three years after service of the summons without a complaint, nor has any merit been shown. For these reasons unconditional dismissal is the only proper disposition. (See Powell v. Beaker Truck Renting Corp., 20 A D 2d 573, and cases therein cited.) Concur—Stevens, P. J., Eager, Markewieh, Nunez and Steuer, JJ.
31 A.D.2d 799
Munoz v. Castro
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1969
Appellate Division of the Supreme Court of the State of New York · decided 1969-02-20
Cited by 1 later decisions — most recently March 1981
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1969-02-20
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