FORTE v. LONG IS. R. R.


143 Misc.2d 663 (1989)

George Forte, Plaintiff, v. Long Island Rail Road, Defendant.

Supreme Court, New York County.

May 18, 1989


Attorney(s) appearing for the Case

David M. Lee for plaintiff. Wilson, Elser, Moskowitz, Edelman & Dicker for defendant.


EDWARD H. LEHNER, J.

The issue presented by this motion is whether the service of a summons and complaint in which the caption states "Supreme Court of the State of New York", but fails to specify the venue of the action, or the basis for any venue, is void and a jurisdictional defect which is not subject to amendment.

Plaintiff moves for a default judgment, and defendant cross-moves to dismiss on various grounds, but principally for lack of jurisdiction...

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