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MALIK v. CUKROWSKI

172 Misc.2d 360 (1997)

659 N.Y.S.2d 716

Mohammad A. Malik, Plaintiff, v. Leon Cukrowski, Also Known as Leonid Cukrowski, et al., Defendants.

Civil Court of the City of New York, Queens County.

May 8, 1997

Attorney(s) appearing for the Case

Robert A. Katz, Bayside, for defendants. Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P. C., Yonkers (Paul Finkelstein of counsel), for plaintiff.

MARTIN E. RITHOLTZ, J.

Is the omission of the plaintiff's residential address in a summons, in violation of CCA 401 (b), a jurisdictional defect mandating dismissal, or is it a nonjurisdictional defect which is amendable? Defendants' instant motion to dismiss raises this issue, notwithstanding the conceded fact that the address of plaintiff's counsel is clearly indorsed on the face of the subject summons....

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