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ALLIANZ INS. CO. v. CITY OF NY

2 Misc.3d 750 (2003)

774 N.Y.S.2d 300

ALLIANZ INSURANCE COMPANY, as Subrogee of FOJP SERVICE CORP., Plaintiff, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Third-Party Defendants.

Supreme Court, New York County.

December 23, 2003.

Attorney(s) appearing for the Case

Budd, Larner, Rosenbaum, Greenberg & Sade, P.C., New York City (Averim Stavsky of counsel), and Grotefeld & Denenberg, L.L.C., Bingham Farms, Michigan (Philip T. Carroll of counsel), for plaintiff.

Michael A. Cardozo, Corporation Counsel, New York City (Michael McLoughlin of counsel), for defendant and third-party plaintiff.

Richard W. Babinecz, New York City (William F. Tietjen of counsel), for Consolidated Edison Company of New York, Inc., third-party defendant.

Petrocelli & Christy, New York City (Michael D. Zentner of counsel), for Verizon Communications, as successor to Bell Atlantic, and another, third-party defendants.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

Plaintiff moves for leave to purchase an index number and to file the summons and complaint nunc pro tunc. The City cross-moves for dismissal. The motions require reconsideration of the commencement by filing law (CPLR 304, 306-a) with the General Municipal Law requirements for filing claims against municipalities. (General Municipal Law § 50-e et seq.) Is the

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