Kemp v. Hinkson

In Kemp v. Hinkson (73 Misc. 2d 76 [Suffolk Dist. Ct. 1973]), the court dismissed the motion for summary judgment in lieu of complaint without prejudice where the service was also done by nail and mail upon a defendant who subsequently defaulted. The court indicated that a default judgment cannot be entered under these circumstances because it is a jurisdictional defect which prevents the entry of a default judgment.