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BATTLE v. BROOKHAVEN NURSING HOME

7 A.D.3d 553 (2004)

776 N.Y.S.2d 495

BERNICE BATTLE, Appellant, v. BROOKHAVEN NURSING HOME ET AL., Defendants. BROOKHAVEN BEACH HEALTH RELATED FACILITY, Nonparty Respondent.

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

May 10, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

"The joinder of an additional defendant by the filing of a supplemental summons and amended complaint may be accomplished only with prior judicial permission, and noncompliance renders the pleadings jurisdictionally defective" (Perez v Paramount Communications, 92 N.Y.2d 749, 753 [1999]; see CPLR 1003...

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