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SZ v. KMM

Prejudice Dictates if Failure to Follow CPLR 2101(a) Mandates is Irregularity or Defect

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*1  This uncontested divorce was commenced by the filing of a summons and verified complaint by the unrepresented plaintiff. Defendant, who is also unrepresented, responded by filing a waiver, and the complete file was then submitted to the Matrimonial Support Office of this court. When the papers were first submitted, the clerk was wary of accepting them because the type-face of the summons was well below the twelve-point size mandated by statute, but the person filing the papers insisted that they be accepted. The file was subsequently forwarded to the undersigned Special Referee for determination.CPLR 2101 (a), dealing with the quality, size and legibility of papers served or filed, specifies that “[t]he letters in the summons shall be in clear type of no less than twelve-point in size” and “[e]ach other printed or typed paper served or filed…shall be in clear type of no less than ten-point in

*2

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