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YONKER v. AMOL MOTORCYCLES, INC.

161 A.D.2d 638 (1990)

Herbert Yonker, Appellant, v. Amol Motorcycles, Inc., et al., Defendants, and Bayerische Motoren Werke, AG., Respondent

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

May 14, 1990

Ordered that the order is affirmed, with costs.

The plaintiff failed to obtain leave pursuant to CPLR 3025 (b) and 1003 to serve an "amended summons and complaint" purporting to join Bayerische Motoren Werke, AG. (hereinafter BMW), as a party defendant. Generally, unless there has been a waiver, the failure to obtain leave of the court constitutes a jurisdictional defect requiring dismissal of the action against the party so joined (see, Gross v BFH Co....

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