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KNAUER v. LONG IS. SERV. CORP.

53 Misc.2d 1017 (1967)

Archie Knauer et al., Respondents, v. Long Island Airports Limousine Service Corp., Appellant.

Supreme Court, Appellate Term, First Department.

April 6, 1967

Attorney(s) appearing for the Case

Morton J. Levine for appellant. Tolchin & Schiff (Richard O. Tolchin of counsel), for respondents.

Concur — STREIT, J. P., MARKOWITZ and GOLD, JJ.

Per Curiam.

This was an action pursuant to the Fair Labor Standards Act of 1938, as amended (U. S. Code, tit. 29, §§ 201-219) and plaintiffs were therefore required to serve a summons and formal pleading (N. Y. City Civil Ct. Rules, rule 5).

The failure to serve the complaint and summons was a jurisdictional defect (Baum v. Halperin, 169 N.Y.S. 489) not waived by the service of a notice of appearance. (See CCA, §§ 402, 902...

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