Giahn v. Giahn

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Friedmann, J.), dated December 16, 1993, which, inter alia, denied his motion to direct that the summons be deemed filed nunc pro tunc as of December 7, 1992, and for an extension of time in which to file an affidavit of service.

Ordered that the order is reversed, on the law, without costs or disbursements, the plaintiff’s motion is granted, and the summons and affidavit of service are deemed filed nunc pro tunc as of December 7, 1992.

The plaintiff sustained injuries…