Kitch v. Markham

OPINION OF THE COURT

John P. DiBlasi, J.

Plaintiff commenced this negligence action seeking to recover from defendant for property damage sustained in an automobile accident. Defendant now moves this court for dismissal of the complaint under CPLR 306-b and 3211. Plaintiff cross-moves for an order permitting his action to proceed, or granting him leave to file a new action nunc pro tunc. As will be apparent from the facts and the legal analysis which follow, this case makes painfully clear that proceeding without an attorney in a legal matter is fraught with the potential for severe…