Ordered that the resettled order is affirmed, with costs.
The plaintiff purportedly commenced this action by service of a summons and complaint upon the defendant on October 27, 1992, but failed to file a copy thereof with the clerk of the Supreme Court or pay the index number fee at any time thereafter. At the time the defendant brought this motion to dismiss the complaint in November 1993, the plaintiff had not filed the summons and complaint and had not paid the...
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