Lumberman's Mutual Casualty Co. ex rel. Cervone v. Temco Service Industries

—Order, Supreme Court, New York County (Joan Lobis, J.), entered April 23, 1993, which denied plaintiffs motion to serve a supplemental summons and complaint and granted defendant’s cross-motion to dismiss the action, unanimously affirmed, with costs.

The IAS Court properly found that plaintiff subrogee is not entitled to amend its complaint. The action was initially commenced in Civil Court where the purchase of an index number and filing of the summons with proof of service is mandatory (CCA 409; 22 NYCRR 208.4; see, Chalfonte Realty Corp. v Streator, Inc., 142 Misc 2d 501). Thus, plaintiffs…