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CULMER v. PERRY

172 Misc.2d 178 (1997)

657 N.Y.S.2d 316

Margaret Culmer, Plaintiff, v. Frank P. Perry, Defendant.

District Court of Nassau County, First District.

April 7, 1997

Attorney(s) appearing for the Case

Franchina & Giordano, P. C., Garden City (Mary P. Giordano of counsel), for plaintiff. Martin R. Weinberg, Roslyn Heights, for defendant.

IRA J. RAAB, J.

The court lacks jurisdiction over a motion for summary judgment in lieu of complaint, served by other than personal delivery, if the summons attached to the notice of motion fails to contain the residence address of the plaintiff. This appears to be a matter of first impression.

In this case, the plaintiff proceeds by way of a motion for summary judgment in lieu of complaint, pursuant...

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