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SCHAFFRICK v. CITY OF KINGSTON

217 A.D.2d 892 (1995)

___ N.Y.S.2d ___

Scott Schaffrick, Respondent, v. City of Kingston et al., Appellants, et al., Defendant

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

July 27, 1995

White, J.

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 to July 1, 1992...

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