CPLR 2001: failure to file summons and complaint prior to service on defendant was fatal (COA, Mar 24, 2011)

CPLR 2001: failure to file summons and complaint prior to their service on
defendant was fatal in action. Defendant was a municipal corporation
against upon whom plaintiff had already obtained leave to serve a late
notice of claim, via a petition and proposed complaint in a special
proceeding. Plaintiff then served a summons and a substantively different
complaint on defendant without first having bought an index number or filed
the summons and actual complaint. Dismissal of action on statute of
limitations grounds was affirmed. Goldberg v. Westchester Co. Health Care
Corp., COA 3/24/11; http://bit.ly/ia72bn.

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