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YOUNGS v. KISSING BRIDGE SKI CORP.

216 A.D.2d 967 (1995)

628 N.Y.S.2d 925

Rita P. Youngs, Respondent-Appellant, v. Kissing Bridge Ski Corporation et al., Appellants-Respondents

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

June 9, 1995

Order unanimously affirmed without costs.

Memorandum:

Plaintiff failed to obtain leave pursuant to CPLR 3025 (b) and 1003 to serve an "amended summons and complaint" purporting to join New York Sportservice, Inc. (Sportservice) as a party defendant. The failure to obtain leave of court constitutes a jurisdictional defect requiring dismissal of the action against Sportservice (see, Crook v du Pont de Nemours Co. [appeal No. 2],

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