Schaffrick v. City of Kingston

Appeal from an order of the Supreme Court (Bradley, J.), entered April 26, 1994 in Ulster County, which granted plaintiff’s motion to file a summons and complaint nunc pro tunc.

Plaintiff commenced this action on May 18, 1990 by the service of the summons and complaint upon defendants but did not file the summons and complaint nor purchase an index number until October 4, 1993. Thereafter, he obtained an order from Supreme Court permitting the filing of the summons and complaint nunc pro tunc on or before December 31, 1992, prompting this appeal.

We affirm. Since this action was commenced prior…