Improper service of a motion provides a complete excuse for default on the motion and deprives the court of jurisdiction to entertain it. Failure to provide a defendant with proper notice of a motion renders the resulting order and judgment nullities, warranting vacatur pursuant to CPLR 5015(a)(4).
However, a defendant's participation in an action on the merits confers in personam jurisdiction on the court.
Bharath v. Sitaram, NY Slip Op 00872 (2d Dep't February 18, 2026)
