Perdum v. Michael

Appellate Division of the Supreme Court of New York

Perdum v. Michael

193 A.D.2d 440, 597 N.Y.S.2d 326

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 1993

StatusPublished

Cited by2 cases

This text of 193 A.D.2d 440 (Perdum v. Michael) 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

Perdum v. Michael, 193 A.D.2d 440, 597 N.Y.S.2d 326 (N.Y. Ct. App. 1993).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Bruce McM. Wright, J.), entered on or about May 6, 1992, granting respondent’s cross-motion to dismiss, unanimously affirmed, without costs.

We agree with the IAS Court that petitioner failed to comply with the service requirements of CPLR 403 (b) and 7804 (c). Although petitioner sought to commence this action by order to show cause rather than by notice of petition (CPLR 304), he still was required to serve the petition upon respondent along with the order to show cause (Matter of Long Is. Citizens Campaign v County of Nassau, 165 AD2d 52). His service upon counsel only was jurisdictionally defective. Further, we note that the proceeding, even if properly commenced, would have been time-barred (CPLR 217). Concur— Sullivan, J. P., Ellerin, Wallach, Rubin and Nardelli, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Bruce McM. Wright, J.), entered on or about May 6, 1992, granting respondent’s cross-motion to dismiss, unanimously affirmed, without costs.

We agree with the IAS Court that petitioner failed to comply with the service requirements of CPLR 403 (b) and 7804 (c). Although petitioner sought to commence this action by order to show cause rather than by notice of petition (CPLR 304), he still was required to serve the petition upon respondent along with the order to show cause (Matter of Long Is. Citizens Campaign v County of Nassau, 165 AD2d 52). His service upon counsel only was jurisdictionally defective. Further, we note that the proceeding, even if properly commenced, would have been time-barred (CPLR 217). Concur— Sullivan, J. P., Ellerin, Wallach, Rubin and Nardelli, JJ.

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Bluebook (online)

193 A.D.2d 440, 597 N.Y.S.2d 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perdum-v-michael-nyappdiv-1993.

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