Fortanasce v. Meyrowitz

Full title: FRANK T. FORTANASCE, Appellant, v. PHILIP MEYROWITZ, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 13, 1988

141 A.D.2d 606 (N.Y. App. Div. 1988)

Opinion

June 13, 1988

Appeal from the Supreme Court, Queens County (Santucci, J.).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is dismissed with leave to renew.

The defendant's cross motion was not timely served within the statutory time provisions of CPLR 2215 and 2103 (b) (2). Accordingly, the Supreme Court did not acquire jurisdiction of the cross motion and the provision of the order granting the cross motion was jurisdictionally void (see, Morabito v Champion Swimming Pool Corp., 18 A.D.2d 706). Mollen, P.J., Mangano, Rubin and Sullivan, JJ., concur.