Ordered that the order is reversed, on the law, with costs, the motion is granted, the judgment as against the defendant Lavender is vacated, and the action is dismissed as against him.
The plaintiff purportedly commenced this action in 1981 by service pursuant to CPLR 308 (4) of a notice of motion for summary judgment in lieu of complaint and supporting papers (see, CPLR 3213). There is no indication that a summons accompanied the motion papers, which, according...
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