GRIECO v. FUGARO


61 A.D.2d 903 (1978)

Theodore Grieco, Jr., Appellant, v. Francis Fugaro, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 9, 1978


The dissent adequately sets forth the salient facts. Suffice to say, our grant of leave to plaintiff to seek judicial acceptance, nunc pro tunc, of a summons and complaint, in lieu of a notice of claim, is not an invitation to an exercise in futility. The summons and complaint were served in a Federal court action on the same claim of malpractice as is asserted here. That action was commenced within a year and 90 days of...

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