Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
On December 29, 1992, the plaintiff served a summons with notice but failed to pay the index number fee at that time. On June 2, 1995, the plaintiff moved for leave to file a summons with proof of service on the defendant. The Supreme Court granted the plaintiff's motion. On June 28, 1995, counsel for the plaintiff applied for and was assigned an index...
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