Weichert v. Brouse

Appellate Division of the Supreme Court of New York

Weichert v. Brouse

288 A.D.2d 841, 732 N.Y.S.2d 186, 2001 N.Y. App. Div. LEXIS 10541

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 2001·Published·Cited by 1 cases

Opinion

—Order affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint for lack of personal and subject matter jurisdiction. “[Slervice of process without first * * * filing the initiatory papers is a nullity, the action * * * never having been properly commenced” (Matter of Gershel v Porr, 89 NY2d 327, 330; see, Matter of Fry v Village of Tarry-town, 89 NY2d 714, 719-720).

All concur, Hurlbutt, J., not participating. (Appeal from Order of Supreme Court, Oswego County, Nicholson, J. — Dismiss Pleading.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

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—Order affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint for lack of personal and subject matter jurisdiction. “[Slervice of process without first * * * filing the initiatory papers is a nullity, the action * * * never having been properly commenced” (Matter of Gershel v Porr, 89 NY2d 327, 330; see, Matter of Fry v Village of Tarry-town, 89 NY2d 714, 719-720).

All concur, Hurlbutt, J., not participating. (Appeal from Order of Supreme Court, Oswego County, Nicholson, J. — Dismiss Pleading.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

Weichert v. Brouse, 288 A.D.2d 841, 732 N.Y.S.2d 186, 2001 N.Y. App. Div. LEXIS 10541 (N.Y. Ct. App. 2001).

Pincite

288 A.D.2d 841 (Weichert v. Brouse) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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