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FAILURE TO COMPLY WITH THE SERVICE DIRECTIONS IN THE ORDER TO SHOW CAUSE DEPRIVED SUPREME COURT OF JURISDICTION TO ENTERTAIN THE ORDER TO SHOW CAUSE (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff’s failure to comply with the service directions in an order to show cause required the denial of the motion to hold defendant in contempt:

… [T]he service requirements set forth in the order to show cause … , were jurisdictional in nature. The plaintiff’s undisputed failure to comply with these requirements by serving the order to show cause pursuant to CPLR 308(4), instead of CPLR 311-a, deprived the Supreme Court of jurisdiction to entertain the plaintiff’s order to show cause … . Contrary to the plaintiff’s contention, the defendant may challenge the validity of the [subsequent] order … , on the ground that the court was without jurisdiction to enter the order … . Accordingly, the plaintiff’s motion to hold the defendant in contempt for failure to comply with the order … , should have been denied. Boucan NYC Café, LLC v 467 Rogers, LLC, 2019 NY Slip Op 00416, Second Dept 1-23-19

 

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