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BHANTI v. JHA

2014-03985, Index No. 19881/00.

140 A.D.3d 685 (2016)

30 N.Y.S.3d 888

2016 NY Slip Op 04166

PRAMOD BHANTI et al., Appellants, v. PRAKASH JHA, Respondent.

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

Decided June 1, 2016.

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

The plaintiffs commenced this action to recover on a promissory note by motion for summary judgment in lieu of complaint pursuant to CPLR 3213. However, they made the motion returnable on a date prior to the expiration of the time within which the defendant had to appear in the action, which was a fatal jurisdictional defect (see Segway of N.Y....

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