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McDERMOTT v. HOENIG

32 A.D.2d 838 (1969)

Cyril T. McDermott, Respondent, v. William J. Hoenig et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1969

Order reversed, on the law and the facts, without costs, and appellants' motion granted.

It being undisputed that neither the complaint nor a notice pursuant to CPLR 305 (subd. [b]) was served with the summons, we are constrained to hold that the default judgment is a nullity. The clerk was without authority to enter the judgment absent proof of service of the summons and complaint or a summons and notice (CPLR 3215, subds. [a], [e]; Malone v. Citarella,

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