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FALURE TO COMPLY WITH THE MODE OF SERVICE SPECIFIED IN AN ORDER TO SHOW CAUSE DEPRIVES THE COURT OF JURISDICTION (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff did not comply with the mode of service specified in the order to show cause and did not give proper notice of the motion. Therefore, Supreme Court was without jurisdiction to hear it:

The Supreme Court erred in granting the plaintiff’s motion for a preliminary injunction and to restore the action to the active calendar. The mode of service provided for in an order to show cause is jurisdictional in nature and must be literally followed … . The failure to give proper notice of a motion deprives the court of jurisdiction to hear the motion … . Here, since the plaintiff failed to comply with the directives in the order to show cause, the court was without jurisdiction to entertain the motion … . Sosa v Gonzaga, 2026 NY Slip Op 05337, Second Dept 9-16-26

Practice Point: A party’s failure to comply with the mode of service specified in an order to show cause deprives the court of jurisdiction to hear the motion.

 

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