Laiuppa v. Moritz

Summary

The court held that an action is commenced under the accidental failure of suit statute only when the defendant receives the summons and complaint within the legally permitted period, even if service was defective. Because neither the defendant nor her agent was shown to have received those documents by the deadline, the plaintiff could not invoke the statute and summary judgment was proper. Ecker, J., dissenting, would have treated defense counsel’s timely appearance as effective notice sufficient to save the action.