It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendant's motion to dismiss the third amended complaint pursuant to CPLR 3211 (a) (8) based upon plaintiff's failure to file a summons. "[S]ervice of process without first * * * filing the initiatory papers is a nullity, the action * * * never having been properly commenced" (Matter of Gershel v...
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