The Appellate Division affirmed the Supreme Court's determination to deny those branches of the defendants' motion which were pursuant to CPLR 5015(a)(1) and to vacate the order. A plaintiff's failure to serve a defendant with a motion for summary judgment on the complaint deprives the Supreme Court of jurisdiction to entertain the motion, and nullifies any resulting order granting it. Here, the plaintiff's submission of an affidavit of service, indicating that the papers in support of its motion for summary judgment were timely mailed to the defendants' counsel at the address provided by counsel in the answer to the complaint, demonstrated that the defendants were properly served with the motion, pursuant to CPLR 2103[b][2]. So, the order was not subject to vacatur for lack of jurisdiction pursuant to CPLR 5015(a)(4).
Deutsche Bank Natl. Trust Co. v. Quinn, NY Slip Op 04456 (2d Dep't August 12, 2020)
