April 29, 2010

Motion practice.

Practice point: The method of service provided for in an order to show cause is jurisdictional, and strict compliance is required.

Students should note that if a party has not appeared by an attorney, service must be on the party, pursuant to CPLR 2103(c).

Case: City of New York v. Miller, NY Slip Op 03059 (2d Dept. 2010)


Tomorrow's issue: Family Law.