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1992 amendment 1992 legislation 1st Dep't accrual adopted the filing amendment of CPLR appears appellate division apply claim clerk commence a second commencing actions county courts Court of Appeals deemed dismissed default notice defendant defendant's discussed effect service expired failure to file federal courts Federal Rules file proof file the summons filing fee filing of proof filing system forum non conveniens held index number infant intrauterine device judge judgment Law Digest lead note limitations purposes lower courts main volume malpractice MCKINNEY'S ment Misc.2d motion Notes in Main papers party personal jurisdiction plaintiff proof of service provision provisional remedy relettered requirement RES JUDICATA second 120-day period second action second fee served Siegel's Practice Review sion special proceeding statute of limitations subdivision summons and complaint Sup.Ct Supplement to Notes supreme and county supreme or county system for commencing third-party tion toll VACATING JUDGMENTS WESTLAW York City Civil York practice York State Law