Appellate Division of the Supreme Court of New York, 1983

Le Fevre v. Cole

Le Fevre v. Cole
Appellate Division of the Supreme Court of New York · Decided February 28, 1983
92 A.D.2d 720; 461 N.Y.S.2d 113; 1983 N.Y. App. Div. LEXIS 17015
Le Fevre v. Cole

Opinion of the Court

Order unanimously affirmed, with costs. Memorandum: The filing of an improperly executed affidavit of service by plaintiffs is a mere irregularity and not a jurisdictional defect since service was properly made (see Mariano v Steinberg, 87 AD2d 606; Mrwik v Mrwik, 49 AD2d 750, 751). The fact of service conferred jurisdiction which was not vitiated by a false statement in the affidavit of service as to the identity of the person who mailed the summons pursuant to CPLR 308 (subd 2). Defendant’s claim of prejudice has no merit. (Appeal from order of Supreme Court, Monroe County, Provenzano, J. — dismiss complaint.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.

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