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LIVINGSTON v. WAGI

284 A.D.2d 378 (2001)

727 N.Y.S.2d 315

VERZELL LIVINGSTON, Appellant, v. NASSAR M. WAGI, Doing Business as BASHER FOOD CENTER, Respondent.

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

Decided June 11, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is restored.

The plaintiff commenced this action on April 5, 1996, by filing a summons and complaint with the Kings County Clerk, obtaining an index number, and paying the requisite fee (see, CPLR 306-a [a]). Thereafter, the plaintiff timely served the defendant and filed an affidavit of service with the Kings County Clerk. Due to an error in the index number on...

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