Luis v. New York City Housing Authority

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered July 2, 2002, which denied plaintiffs’ motion to purchase a new index number, deem the summons and complaint to have been filed nunc pro tunc and restore the case to the active calendar, and granted defendant’s cross motion dismissing the complaint for lack of personal jurisdiction, unanimously affirmed, without costs.

Plaintiffs’ failure to file the summons and complaint with the County Clerk prior to serving the pleadings upon defendant deprived the court of in personam jurisdiction (Gershel v Porr, 89 NY2d 327, 332…