New York Court of Appeals

Qurrise C. Harris, Appellant v. Niagara Falls Board of Education, Respondents

February 14, 20066 N.Y.3d 155

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's personal injury action because the plaintiff failed to obtain a new index number and pay the filing fee required by the commencement‑by‑filing system. The Court held that such a filing defect does not deprive the court of subject‑matter jurisdiction but is waivable, and because the defendants timely objected, dismissal was proper.