Legal Opinion
Brown v. Marine Midland Bank
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1996PublishedCited by 1 opinion
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law without costs, cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying the cross motion of defendant DiPizio Construction Co., Inc. (DiPizio) to dismiss plaintiffs’ complaint against it. The failure to obtain leave of court to serve a supplemental summons and amended complaint to add DiPizio as an additional defendant constitutes a jurisdictional defect, requiring dismissal of plaintiffs’ action against DiPizio (see, Youngs v Kissing Bridge Ski Corp., 216 AD2d 967; Crook v du Pont de Nemours Co.…
2Cases cited6 opinions
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
- Parker v. MackNew York Court of Appeals · 1984
- Crook v. E. I. du Pont de Nemours Co.New York Court of Appeals · 1993
- Dauernheim v. Lendlease Cars, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by1 opinion
- Britt v. Buffalo Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2007