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PUBLIC ADMINISTRATOR OF KINGS COUNTY v. McBRIDE

15 A.D.3d 558 (2005)

791 N.Y.S.2d 570

PUBLIC ADMINISTRATOR OF KINGS COUNTY, as Administrator of the Estate of ANGEL PAGAN, JR., Deceased, Appellant, v. GERALD McBRIDE et al., Defendants, and JOHNSTON SWEEPER COMPANY, USA, Respondent.

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

February 22, 2005.

Ordered that the order is affirmed, with costs.

CPLR 1003 provides, insofar as is relevant here, that parties may be added at any stage of an action by leave of court. The plaintiff failed to obtain leave of court before service of its amended summons and complaint purporting to add Johnston Sweeper Company, USA (hereinafter Johnston), as a party defendant. The failure to obtain court approval to add Johnston as a party defendant constituted a jurisdictional defect...

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