Opinion
March 23, 1999
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
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 technical irregularity or defect that should have been disregarded or corrected by the court (CPLR 2001). Moreover, these circumstances are distinguishable from those in Matter of Gershel v. Porr ( 89 N.Y.2d 327), in that this plaintiff did not abandon her original filing and attempt to commence her action anew.
Concur — Williams, J. P., Tom, Wallach and Mazzarelli, JJ.