Forte v. Long Island Rail Road

OPINION OF THE COURT

Edward H. Lehner, J.

The issue presented by this motion is whether the service of a summons and complaint in which the caption states "Supreme Court of the State of New York”, but fails to specify the venue of the action, or the basis for any venue, is void and a jurisdictional defect which is not subject to amendment.

Plaintiff moves for a default judgment, and defendant cross-moves to dismiss on various grounds, but principally for lack of jurisdiction.

Defendant argues that since neither the summons, complaint nor affidavit of service state the venue of the action, nor is…