Plaintiff did not violate the commencement-by-filing statute and dismissal of her legal malpractice action was therefore unwarranted. After duly filing her summons and complaint with the New York County Clerk's Office, plaintiff altered only the attorney's name on the summons and complaint before serving defendant-respondent and subsequently refiling the altered summons and complaint. In the absence of substantial prejudice to defendant-respondent, this constituted a minor...
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