Hennelly v. Crossland Savings Bank

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Rockland County (Weiner, J.), entered February 13, 1996, which denied its motion to dismiss the complaint pursuant to CPLR 304 and 214-c.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On December 29, 1992, the plaintiff served a summons with notice but failed to pay the index number fee at that time. On June 2, 1995, the plaintiff moved for leave to file a summons with proof of service on the defendant. The Supreme…