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Morris v. Dunham

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 1974
46 A.D.2d 717 (N.Y. App. Div. 1974)

Opinion

October 31, 1974


Appeal from an order of the Supreme Court at Special Term, entered February 14, 1974 in Saratoga County, which denied the defendant's motion to dismiss the plaintiff's complaint pursuant to CPLR 3012 (subd. [b]) and directed that the plaintiff's complaint be accepted. There is no showing on the present record of any justification or excuse for failing to serve a complaint until 25 months subsequent to the service of the summons. The affidavits submitted on the motion also fail to demonstrate that the action has merit. Order reversed, on the law and the facts, and complaint dismissed, without costs. Herlihy, P.J., Staley, Jr., Sweeney, Kane and Reynolds, JJ., concur.


Summaries of

Morris v. Dunham

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 1974
46 A.D.2d 717 (N.Y. App. Div. 1974)
Case details for

Morris v. Dunham

Case Details

Full title:ELLIS F. MORRIS, Respondent, v. W.A. DUNHAM, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 31, 1974

Citations

46 A.D.2d 717 (N.Y. App. Div. 1974)

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