Appellate Division of the Supreme Court of the State of New York March 28, 1966 (Francisco v. Walgreen Eastern Co.)

In a negligence action to recover damages for personal injury, defendant appeals from an order of the Supreme Court, Westchester County, entered August 18, 1965, which denied its motion to dismiss the action, pursuant to CPLR 3012 (subd. [.b]), for failure to serve a complaint. Order reversed, without costs; defendant’s motion granted; and action dismissed, without costs.