Cooky's Island Steak Pub, Inc. v. Yorkville Electric Co.

OPINION OF THE COURT

David B. Saxe, J.

Where jurisdiction has previously been acquired over a defendant through proper service of the original summons and complaint, is the court subsequently divested of jurisdiction over that defendant if service of the supplemental summons and amended complaint is improperly made? Here, the plaintiff served the defendant Michael I. Schaffer Co., Inc. (which had already appeared by counsel in the action) with the supplemental pleadings directly rather than by serving its attorneys, as is required by CPLR 2103 and 3012. Based on this defect, the defendant…