1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 309 A.D.2d
  5. 309 A.D.2d 719 (2003)
 

LUIS v. NEW YORK CITY HOUSING AUTHORITY

309 A.D.2d 719 (2003)

766 N.Y.S.2d 553

LUIS LUIS et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided October 30, 2003.

Plaintiffs' failure to file the summons and complaint with the County Clerk prior to serving the pleadings upon defendant deprived the court of in personam jurisdiction (Gershel v Porr, 89 N.Y.2d 327, 332 [1996]). Since the action was not properly commenced and the statute of limitations had run, the defect could not be cured even in the apparent absence of prejudice to defendant (CPLR 304, 306-a; Gershel at 328-329; Mandel...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases