Laiuppa v. Moritz

Summary

The court held that an action is commenced for purposes of the accidental failure of suit statute when the defendant receives the summons and complaint within the legally permitted period, even if service was defective. Because neither the defendant nor her attorney-in-fact was shown to have received those documents by the deadline, the plaintiff could not invoke the statute, and summary judgment for the defendant was proper. Justice Ecker, joined by Justice D’Auria, dissented, reasoning that the defendant’s counsel’s timely appearance established effective notice.