Tucker v. Leak

—Order, Supreme Court, Bronx County (Bárry Salman, J.), entered April 13, 1998, which denied plaintiff’s motion for leave to amend his summons and complaint and to deem them served and filed nunc pro tune, and to strike the affirmative defense of lack of jurisdiction, and granted defendant’s request to dismiss the complaint for failure to effectuate proper service and to comply with the Statute of Limitations, unanimously reversed, on the law, the facts, and in the exercise of discretion, with costs, the complaint reinstated, the motion for leave to amend granted, and the affirmative defense…