Knauer v. Long Island Airports Limousine Service Corp.

Appellate Terms of the Supreme Court of New York

Knauer v. Long Island Airports Limousine Service Corp.

53 Misc. 2d 1017, 280 N.Y.S.2d 343, 1967 N.Y. Misc. LEXIS 1627

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 6, 1967

StatusPublished

Cited by2 cases

This text of 53 Misc. 2d 1017 (Knauer v. Long Island Airports Limousine Service Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knauer v. Long Island Airports Limousine Service Corp., 53 Misc. 2d 1017, 280 N.Y.S.2d 343, 1967 N.Y. Misc. LEXIS 1627 (N.Y. Ct. App. 1967).

Pincite

Opinion

Per Curiam.

This was an action pursuant to the Fair Labor Standards Act of 1938, as amended (U. S. Code, tit. 29, §§ 201-219) and plaintiffs were therefore required to serve a summons and formal pleading (N. Y. City Civil Ct. Rules, rule 5).

The failure to serve the complaint and summons was a jurisdictional defect (Baum v. Halperin, 169 N. Y. S. 489) not waived by the service of a notice of appearance. (See CCA, §§ 402, 902, 1001, 1002, and McKinney’s Cons. Laws of N. Y., Book 29A, Court Acts, Practice Commentaries thereto.)

The orders granting plaintiffs leave to serve a verified complaint, nunc pro tunc, and denying the cross motion to dismiss the action should be reversed.

The plaintiffs’ motions should be denied and the cross motion to dismiss the action granted, with $10 costs.

Concur — Streit, J. P., Markowitz and Gold, JJ.

Motions denied and cross motion granted, etc.

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