(Download) "Max W. Frerk v. Mercy Hospital" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Max W. Frerk v. Mercy Hospital
- Author : Supreme Court of New York
- Release Date : January 16, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Harwood, J.), dated August 30, 1982, which denied its motion to dismiss the complaint for lack of personal jurisdiction. Order reversed, on the law, with costs, motion granted, and complaint dismissed. On May 6, 1982, a little over a week before the expiration of the Statute of Limitations, the plaintiff delivered to the Sheriff pursuant to CPLR 203 (subd [b], par 5), a summons, which, however, was without the notice required under CPLR 305 (subd [b]). The Sheriff served defendant with a copy of the summons on May 14, 1982. On or about June 25, 1982 defendant moved to dismiss the action for lack of jurisdiction on the basis that the summons was jurisdictionally defective. The plaintiff served defendant with a copy of the complaint on July 8, 1982. Special Term denied the defendants motion noting that, "[although] service of a bare summons without the notice provisions required by CPLR 305 (b) would render any default entered thereon jurisdictionally defective * * * plaintiffs subsequent service of a complaint personally upon the defendant within the apparently applicable statute of limitations renders moot any question of notice". Special Term erred in denying the motion. The complete absence of the notice requirements contained in CPLR 305 (subd [b]) is a jurisdictional defect which renders the [99 A.D.2d 504 Page 505]