J.R. Dugo, D.C., P.C. v New York Cent. Mut. Ins. Co.,
2009 NY Slip Op 29261 (App. Term 2d Dept. 2009)
I suspect that if this case was decided in 2005, it might have been more relevant to the practice of law. As it is, it explains one of the reasons why the serve and file system was abolished in the lower court system. I would only say that the Civil Court, City Court and District Court clerks routinely allowed Plaintiffs to purchase index numbers well after the 14 or 21 day period after service was complete.
The practice of law under the now-abolished serve and file system was nightmarish from the aspect that the defendant who wanted to move on a case within 60-days of joinder of issue had to either: (1) purchase an index number; or (2) wait until Plaintiff served Defendant with the index number. This gave the Plaintiff the clear advantage, since the Defendant was many times at the mercy of the Plaintfif to inform the said Defendant of the index number.
It also was a rare event when nunc pro tunc relief would not be afforded to the Plaintiff. In any event, this case explains why the public policy of the state is advanced through the lower courts, save the justice courts, following the Superior Courts’ method of commencing a case.
