Joseph Kleinplatz, appellant pro se.
Judd Burstein, P.C., New York (Judd Burstein of counsel), for respondent.
Tom, J.P., Mazzarelli, Freedman, Richter, Feinman, JJ.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 2, 2013, which, after directing a traverse hearing in this action alleging legal malpractice, dismissed the complaint due to improper service, unanimously affirmed, without costs.
Plaintiff commenced this action by service of a summons with notice on October 13, 2008. On October 15, 2008, defendant's counsel served on plaintiff a notice of appearance and demand for complaint. Defendant averred that the complaint was never received following the demand. Plaintiff contended that he served the complaint on October 14, 2008, sending it via first- class mail to defendant's counsel, but he failed to submit clear evidence indicating that such mailing occurred. Under ...