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KAMAR v. CITY OF NEW YORK

262 A.D.2d 57 (1999)

689 N.Y.S.2d 635

AHARON KAMAR, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 8, 1999.

Although defendants waived reliance upon the jurisdictional defect caused by plaintiff's failure to purchase a new index number for his plenary action, and sua sponte dismissal of the complaint would, therefore, have been inappropriate (see, Matter of Fry v Village of Tarrytown, 89 N.Y.2d 714), it was, nonetheless, within the court's authority to order plaintiff to purchase a new...

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