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PETERKIN v. CITY OF NEW YORK

293 A.D.2d 244 (2002)

745 N.Y.S.2d 178

MICHAEL PETERKIN, Respondent, v. CITY OF NEW YORK et al., Defendants and AFC ENTERPRISES, INC., Defendant and First and Second Third-Party Plaintiff, et al., Third-Party Defendant. JMA CONCRETE CO., INC., Second Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

June 24, 2002.

Attorney(s) appearing for the Case

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Edward J. Guardaro, Jr., and Gina Bernardi of counsel), for second third-party defendant-appellant.

Corini & Weiss, New Rochelle (Richard Weiss of counsel), for respondent.

SANTUCCI, J.P., S. MILLER and FRIEDMANN, JJ., concur.

OPINION OF THE COURT

COZIER, J.

The issue raised on this appeal is whether the plaintiff's supplemental summons and complaint comply with CPLR 1003 and 3025 (b). For the reasons stated herein, we find that the supplemental summons and complaint do not comply with CPLR 1003 and 3025 (b) to the extent that they were served without leave of court and in the absence of a stipulation containing the signature of JMA Concrete Co., Inc., consenting to its joinder...

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