Bloomfield v. City of New York

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered January 4, 2006, which denied plaintiffs motion for an order directing the Clerk to accept a late filing of summons and complaint and assign an index number, unanimously affirmed, without costs.

This action was commenced in 1988, and is thus governed by former CPLR 306-a (c) (see Schaffrick v City of Kingston, 217 AD2d 892 [1995]), under which the court would issue a nunc pro tunc order when timely filing had not been made (see Metropolitan Prop. & Cas. Ins. Co. v Roosevelt, 154 Misc 2d 336, 337 [1993]; Weinstein-Korn-Miller, NY…