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Cuccia v. Weiner and Associates

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1996
234 A.D.2d 26 (N.Y. App. Div. 1996)

Opinion

December 3, 1996.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about November 14, 1995, which denied plaintiff's motion to vacate a default judgment and to restore the matter to the calendar, unanimously affirmed, without costs.

Before: Milonas, J.P., Wallach, Kupferman, Tom and Andrias, JJ.


The failure to serve a summons with the complaint in this matter is a jurisdictional defect requiring dismissal of the action (CPLR 304; cf., CPLR 305 [b]; Siegel, NY Prac § 60, at 75; § 62 [2d ed]). Accordingly, the action was properly dismissed. In light of the foregoing, we do not reach plaintiff's remaining contentions.


Summaries of

Cuccia v. Weiner and Associates

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1996
234 A.D.2d 26 (N.Y. App. Div. 1996)
Case details for

Cuccia v. Weiner and Associates

Case Details

Full title:JANET CUCCIA, Appellant, v. H.M. WEINER AND ASSOCIATES et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 3, 1996

Citations

234 A.D.2d 26 (N.Y. App. Div. 1996)
650 N.Y.S.2d 168

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