Otero v. New York City Housing Authority

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question should be answered in the affirmative.

Plaintiff filed a summons and complaint in 1994. An index number previously secured and paid for by plaintiff with respect to his late-notice-of-claim application, was assigned to the action. In 1997, at the request of the County Clerk, plaintiff purchased a second index number, which was then re-assigned to the action.

Defendant moved to dismiss the action on the ground that plaintiff “never filed the summons and complaint pursuant…