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Le Fevre v. Cole

92 A.D.2d 720, 461 N.Y.S.2d 113, 1983 N.Y. App. Div. LEXIS 17015
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 28, 1983
StatusPublished
Cited by2 cases

This text of 92 A.D.2d 720 (Le Fevre v. Cole) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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.

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Related

Halley v. LaFuente
176 A.D.2d 723 (Appellate Division of the Supreme Court of New York, 1991)
Best v. City of New York
101 A.D.2d 847 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
92 A.D.2d 720, 461 N.Y.S.2d 113, 1983 N.Y. App. Div. LEXIS 17015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/le-fevre-v-cole-nyappdiv-1983.