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HARRIS v. NIAGARA BD. OF EDUC

6 N.Y.3d 155 (2006)

844 N.E.2d 753

811 N.Y.S.2d 299

QURRISE C. HARRIS, Appellant, v. NIAGARA FALLS BOARD OF EDUCATION et al., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 2006.

Attorney(s) appearing for the Case

Nicholas, Perot, Smith, Bernhardt & Zosh, P.C., Akron (Craig H. Bernhardt of counsel), for appellant.

Sliwa & Lane, Buffalo (Stanley J. Sliwa and Barbara A. Sherk of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and R.S. SMITH concur; Judge READ taking no part.

OPINION OF THE COURT

GRAFFEO, J.

Plaintiff did not comply with the commencement-by-filing system when he commenced this personal injury action using an index number from a prior special proceeding. Because defendants timely objected to plaintiff's failure to purchase a new index number, the Appellate Division properly dismissed the complaint.

On May 2, 2002, plaintiff Qurrise Harris allegedly sustained injuries...

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