Opinion
January 18, 1971
In an action to recover damages for personal injuries incurred on July 10, 1966 as a consequence of alleged negligence in the maintenance of a multiple dwelling, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated June 15, 1970, as, upon defendant's motion to vacate the alleged service of the summons on June 17, 1969, adjudged, after a hearing, that any jurisdictional defects of service of the summons is deemed waived and that defendant shall serve an answer. Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and defendant's motion to vacate the service of the summons granted. In our opinion, there was no competent service of the summons on defendant and no act or course of conduct on defendant's part subsequent to the date of the alleged service constituted a waiver of the jurisdictional defect in the service or was prejudicial to plaintiff. Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.