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Janet Cuccia, Appellant, v. H.M. Weiner and Associates et al., Respondents

New York Supreme Court, Appellate Division1996-12-03
234 A.D.2d 26650 N.Y.S.2d 168

Authorities cited

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Opinion

majority opinion

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about November 14, 1995, which denied plaintiff’s motion to vacate a default judgment and to restore the matter to the calendar, unanimously affirmed, without costs.

The failure to serve a summons with the complaint in this matter is a jurisdictional defect requiring dismissal of the action (CPLR 304; cf., CPLR 305 [b]; Siegel, NY Prac § 60, at 75; § 62 [2d ed]). Accordingly, the action was properly dismissed. In light of the foregoing, we do not reach plaintiff’s remaining contentions. Concur—Milonas, J. P., Wallach, Kupferman, Tom and Andrias, JJ.