The failure to serve a summons with the complaint in this matter is a jurisdictional defect requiring dismissal of the action (CPLR 304; cf., CPLR 305 [b]; Siegel, NY Prac § 60, at 75; § 62 [2d ed]). Accordingly, the action was properly dismissed. In light of the foregoing, we do not reach plaintiff's remaining
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CUCCIA v. H.M. WEINER & ASSOCS.
234 A.D.2d 26 (1996)
650 N.Y.S.2d 168
Janet Cuccia, Appellant, v. H.M. Weiner and Associates et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 3, 1996
December 3, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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