Le Fevre v. Cole

Appellate Division of the Supreme Court of New York

Le Fevre v. Cole

92 A.D.2d 720, 461 N.Y.S.2d 113, 1983 N.Y. App. Div. LEXIS 17015

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 1983·Published·Cited by 2 cases

Opinion

Order unanimously affirmed, with costs. Memorandum: The filing of an improperly executed affidavit of service by plaintiffs is a mere irregularity and not a jurisdictional defect since service was properly made (see Mariano v Steinberg, 87 AD2d 606; Mrwik v Mrwik, 49 AD2d 750, 751). The fact of service conferred jurisdiction which was not vitiated by a false statement in the affidavit of service as to the identity of the person who mailed the summons pursuant to CPLR 308 (subd 2). Defendant’s claim of prejudice has no merit. (Appeal from order of Supreme Court, Monroe County, Provenzano, J. — dismiss complaint.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously affirmed, with costs. Memorandum: The filing of an improperly executed affidavit of service by plaintiffs is a mere irregularity and not a jurisdictional defect since service was properly made (see Mariano v Steinberg, 87 AD2d 606; Mrwik v Mrwik, 49 AD2d 750, 751). The fact of service conferred jurisdiction which was not vitiated by a false statement in the affidavit of service as to the identity of the person who mailed the summons pursuant to CPLR 308 (subd 2). Defendant’s claim of prejudice has no merit. (Appeal from order of Supreme Court, Monroe County, Provenzano, J. — dismiss complaint.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.

Le Fevre v. Cole, 92 A.D.2d 720, 461 N.Y.S.2d 113, 1983 N.Y. App. Div. LEXIS 17015 (N.Y. Ct. App. 1983).

Pincite

92 A.D.2d 720 (Le Fevre v. Cole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related