O'Brien v. Contreras
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Suffolk County (Spinner, J.), dated September 10, 2013, which granted the plaintiffs motion, inter alia, to modify the terms of an agreement between the parties dated March 18, 2006.
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to Supreme Court, Suffolk County, for the entry of a judgment dismissing the motion and the purported action.
Under CPLR 304, an action in Supreme Court is ordinarily commenced “by filing a summons and complaint or summons with notice” (CPLR 304 [a]). The failure to file…
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