Motion to dismiss the cause of action for neglect of prosecution granted.
The summons was served in May, 1958. A notice of appearance was served on June 5, 1958. No complaint was served prior to the service of the motion papers herein. On January 5, 1959 the defendant, by stipulation in writing, agreed to extend the plaintiffs' time to serve a complaint until January 31, 1959.
The excuse offered for the delay is twofold...
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