Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05337
Sosa v Gonzaga
Read the official decision: 2026 NY Slip Op 05337
Holding The Supreme Court lacked jurisdiction to grant the plaintiff’s motion for a preliminary injunction because the plaintiff failed to comply with the service directives in the order to show cause. Consequently, the order granting the motion was reversed and the motion was denied.
The court’s words
The mode of service provided for in an order to show cause is jurisdictional in nature and must be literally followed
2026 NY Slip Op 05337, at the official text
The failure to give proper notice of a motion deprives the court of jurisdiction to hear the motion
2026 NY Slip Op 05337, at the official text
since the plaintiff failed to comply with the directives in the order to show cause, the court was without jurisdiction to entertain the motion
2026 NY Slip Op 05337, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05337 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05337 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 594 |
Recommended citation
ESQ HQ, New York Law Watch, Sosa v Gonzaga, 2026 NY Slip Op 05337 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05337/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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