Seavey v. Korte

OPINION OF THE COURT

Edward H. Lehner, J.

By decision dated February 5, 1993 (156 Mise 2d 984) I ruled that a supplemental summons and amended complaint adding additional parties could be validly served upon the new parties without leave of court when all existing parties consented thereto. In so ruling I recognized that precedent in the Second Department called for a contrary result. However, I opined that the First Department, by reason of its decision in Snediker v Rockefeller Ctr. (182 AD2d 585 [1992]), would sustain the service.

However, as a consequence of the subsequent decision of the…