Appellate Division of the Supreme Court of New York, 2001

Weichert v. Brouse

Appellate Division of the Supreme Court of New York · Decided November 9, 2001

288 A.D.2d 841; 732 N.Y.S.2d 186; 2001 N.Y. App. Div. LEXIS 10541

Cases that cite this one

1 later published case cites this decision.

Nadherny v. Eppel (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint for lack of personal and subject matter jurisdiction. “[Slervice of process without first * * * filing the initiatory papers is a nullity, the action * * * never having been properly commenced” (Matter of Gershel v Porr, 89 NY2d 327, 330; see, Matter of Fry v Village of Tarry-town, 89 NY2d 714, 719-720).

All concur, Hurlbutt, J., not participating. (Appeal from Order of Supreme Court, Oswego County, Nicholson, J. — Dismiss Pleading.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.