LUMBERMAN'S MUT. CAS. CO. v. TEMCO SERV. INDUS.


209 A.D.2d 296 (1994)

618 N.Y.S.2d 722

Lumberman's Mutual Casualty Company, on Behalf of Deborah Cervone, Appellant, v. Temco Service Industries, Respondent

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

November 17, 1994


The IAS Court properly found that plaintiff subrogee is not entitled to amend its complaint. The action was initially commenced in Civil Court where the purchase of an index number and filing of the summons with proof of service is mandatory (CCA 409; 22 NYCRR 208.4; see, Chalfonte Realty Corp. v Streator, Inc., 142 Misc.2d 501). Thus, plaintiff's sole remedy was to apply for an order, nunc pro tunc, in Civil Court...

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