Huang v. Revilla

OPINION OF THE COURT

David Goldstein, J.

This action raises a novel issue, of apparent first impression, relating to the applicability of the filing requirements in CPLR 306-b to an action commenced by motion for summary judgment in lieu of complaint, pursuant to CPLR 3213. Notwithstanding the absence of any opposition, also at issue is whether plaintiff’s actions were sufficient to acquire necessary jurisdiction and to accord reasonable notice under due process standards.

On March 3, 1995, plaintiff filed a summons with notice and a motion for summary judgment in lieu of complaint, pursuant to…