A civil action is commenced by the service of a summons, which is a mandate of the court. (Civ. Prac. Act, § 218; N.Y. City Mun. Ct. Code, § 18; Moreno v. Segal, 17 Misc.2d 833.) Thus, the defendant surety, not having served the summons and oral complaint in its action against the plaintiff herein until December 7, 1959, breached the condition precedent to which its beneficial interest under the Declaration of Trust was subject.