Appellate Division of the Supreme Court of the State of New York May 28, 1981 (Powers v. Wax)

— Appeal from an order of the Supreme Court at Special Term, entered November 5, 1979 in Greene County, which denied defendant’s motion to dismiss the action for failure to serve a complaint and granted plaintiff’s cross motion to compel defendant to accept the complaint. This action was commenced by the service of a summons only on defendant on or about December 16, 1977.