New York Supreme Court May 21, 1975 (Greinke v. Keese)

John R. Tenney, J.

This motion to dismiss for failure to serve a complaint (CPLR 3012, subd [b]) raises two issues. First, plaintiff, William F. Greinke, has failed to file a complaint for a period in excess of six months. His explanation for the delay is not a legal excuse.

However, there is a novel question raised in the affidavit of merits and the proposed complaint.