Hudela v. Posner

This is a motion by the plaintiff for an order nunc pro tunc pursuant to CPLR 2001 permitting plaintiff to file the affidavit of substituted service on the defendant herein in the Ulster County Clerk’s office with the same force *727and effect as though the same had been filed in the said County Clerk’s office within 20 days after the service of the summons herein on the grounds that the failure to file constitutes an irregularity which in no way prejudices the defendant and bars the plaintiff of his day in court.

The plaintiff’s cause of action is to recover for personal injuries sustained by him…