Trudeau v. Ford

Appeal from an order of the Supreme Court (Dawson, J.), entered November 23, 2007 in Clinton County, which granted defendants’ motion to dismiss the action based upon plaintiff’s failure to timely serve a complaint.

On September 5, 2006, plaintiff commenced this action seeking to recover for injuries purportedly sustained on September 5, 2003, when her vehicle allegedly was struck from behind by a vehicle owned by defendant Vernon Ford and operated by defendant Monique Ford. Following service of an amended summons with notice in March 2007,* defendants demanded a complaint pursuant to CPLR…