Appellate Division of the Supreme Court of New York, 1993

Nagy v. John Heuss House Drop In Shelter for Homeless

Nagy v. John Heuss House Drop In Shelter for Homeless
Appellate Division of the Supreme Court of New York · Decided November 16, 1993
198 A.D.2d 115; 605 N.Y.S.2d 842
Nagy v. John Heuss House Drop In Shelter for Homeless

Opinion of the Court

—Order, Supreme Court, New York County (Herman Cahn, J.), entered August 12, 1992, which denied plaintiff’s motion for a default judgment pursuant to CPLR 3215, unanimously affirmed, with costs.

Plaintiff has not complied with the requirements of service of process by mail pursuant to CPLR 312-a. He failed to enclose requisite statements of service, an acknowledgement for defendant’s subscription and a stamped return envelope. Service was never completed and the action was never properly commenced. Accordingly, plaintiffs motion was properly *116denied. Concur — Sullivan, J. P., Ross, Kassal, Rubin and Nardelli, JJ.

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