FAILURE TO SERVE AND FILE SUMMONS IMPLICATED COURT’S “JURISDICTION”
After Park Premium filed a case against Norben Lofts, the latter moved to dismiss the litigation and to cancel a notice of pendency that had been filed.
When the Westchester County Supreme Court granted Norben’s request, Park Premium appealed.
On its review, the Appellate Division, Second Department, noted that under state law, the filing of a summons and a complaint (or a summons with notice) were required. And in the absence of the appropriate paperwork, an omission constituted “a nonwaivable, jurisdictional defect, rendering the action a nullity.”
Since Park Premium failed to serve or file a summons, “the jurisdiction of the court was never invoked,” and the court below had properly granted Norben’s dismissal motion and correctly cancelled the notice of pendency.
That was far from a premium result for Park Premium ….
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DECISION