Practice point: Failure to serve process leaves the court without personal jurisdiction over a defendant, and all subsequent proceedings are thereby rendered null and void.
Practitioners should note that, pursuant to CPLR 5015(a)(4), a default judgment must be vacated once a movant demonstrates the lack of personal jurisdiction.
Case: Hossain v. Fab Cab Corp., NY Slip Op 09561 (2d Dept. 2008)
The opinion is here.
