Livingston v. Wagi

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated February 15, 2000, which denied her motion, in effect, to restore the action.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is restored.

The plaintiff commenced this action on April 5, 1996, by filing a summons and complaint with the Kings County Clerk, obtaining an index number,, and paying the requisite fee (see, CPLR 306-a [a]). Thereafter, the plaintiff timely served the defendant and filed an…