Dune Deck Owners Corp. v J.J. & P. Assoc. Corp., 2011 NY Slip Op 05654 (2nd Dept. 2011)
Since the appellant, a nonparty to this action, was never served with the order to show cause and supporting papers by which the plaintiff sought relief against him, the Supreme Court had no power to award such relief (see Oakley v Albany Med. Ctr., 39 AD3d 1016, 1017; Riverside Capital Advisors, Inc. v First Secured Capital Corp., 28 AD3d 457, 460; Blake v LP 591 Ocean Realty, 237 AD2d 554). Accordingly, to the extent that the order awards relief against the appellant, it must be reversed.