Bloodgood v. Paradis

Appeal from an order of the Supreme Court (Ingraham, J.), entered February 1, 1994 in Chenango County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiffs allegedly sustained personal injury and damages on January 9, 1990 as a result of defendant’s negligence. On December 28,1992, plaintiffs caused a summons and complaint to be personally served on defendant. There was no index number listed on the complaint. However, plaintiffs presented proof that on December 28, 1992, they had also caused to be mailed to the Chenango County Clerk’s office an application…