¶1In a personal injury action, defendants appeal from an order of the Supreme Court, Kings County, dated April 17, 1974, which granted plaintiff’s motion to vacate a prior order dismissing the action for failure to serve a complaint. Order reversed, without costs, and motion denied. In our opinion no satisfactory explanation has been offered for plaintiff’s failure to serve a complaint more than three years after the demand therefor (Steuerman v. Feinmam, 19 A D 2d 847; Schwartz v. National Fire Ins. Co. of Hm-tford, 25 A D 2d 727). Martuscello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.
46 A.D.2d 679
Jusino v. Green
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 1974
Appellate Division of the Supreme Court of the State of New York · decided 1974-10-21
Cited by 4 later decisions — most recently January 1977
2 federal appellate · 1 district ·
Good law ✅— No negative treatment on recordhow we know
Decided 1974-10-21
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