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DAUERNHEIM v. LENDLEASE CARS, INC.

202 A.D.2d 624 (1994)

609 N.Y.S.2d 302

Catherine Dauernheim, Respondent, v. Lendlease Cars, Inc., Respondent, et al., Defendant, and General Motors Corporation, Appellant. (And a Third-Party Action.)

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

March 28, 1994

Ordered that the the order is reversed, on the law, with one bill of costs, the motion is granted, the cross motion is denied, the amended complaint is dismissed, and the action against the remaining defendants is severed.

The plaintiff's failure to obtain leave of court before service of its supplemental summons and amended complaint to add a new party defendant constituted a jurisdictional defect requiring dismissal of...

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