From Casetext: Smarter Legal Research

Smith v. Pach

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1968
30 A.D.2d 707 (N.Y. App. Div. 1968)

Summary

affirming denial of the defendants' motion "to dismiss the complaint on the ground that the court did not have jurisdiction of their persons," where "[t]he motion was not timely made" and "[g]ood cause for an extension of time to move was not shown"

Summary of this case from Magder v. Lee

Opinion

June 24, 1968


Order of the Supreme Court, Kings County, dated November 1, 1966, which denied appellants' motion to dismiss the complaint on the ground that the court has not jurisdiction over their persons, affirmed, without costs. The time within which appellants may answer the complaint is extended until 20 days after service of a copy of the order hereon with notice of entry. On September 1, 1963 plaintiff wife, a New York resident, sustained injuries while she was a paying guest at defendants' camp in Connecticut. On August 5, 1966 a summons and a complaint were personally served on two of the defendants in Connecticut. The other defendants were not served. By notice of motion dated September 19, 1966, defendants moved to dismiss the complaint on the ground that the court did not have jurisdiction of their persons. The motion was not timely made because it was served after the time when service of the answer was required (CPLR 3211, subd. [e]). Good cause for an extension of time to move was not shown (CPLR 2004). Therefore, the motion to dismiss was properly denied. The question of jurisdiction of the persons of defendants may be raised by answer. It appears that all the activities of the camp are conducted in Connecticut. In our opinion, the mere solicitation in this State of business for an out-of-State concern may not be enough, in and of itself, to constitute the transaction of "any business within the state" (CPLR 302, subd. [a], par. 1; Naples v. Janesville Apparel Co., 29 A.D.2d 971). However, this issue must be reserved for determination after answer. Beldock, P.J., Christ, Benjamin, Munder and Martuscello, JJ., concur.


Summaries of

Smith v. Pach

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1968
30 A.D.2d 707 (N.Y. App. Div. 1968)

affirming denial of the defendants' motion "to dismiss the complaint on the ground that the court did not have jurisdiction of their persons," where "[t]he motion was not timely made" and "[g]ood cause for an extension of time to move was not shown"

Summary of this case from Magder v. Lee
Case details for

Smith v. Pach

Case Details

Full title:MARY SMITH et al., Respondents, v. JOHANNA PACH et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 1968

Citations

30 A.D.2d 707 (N.Y. App. Div. 1968)

Citing Cases

Specht v. Lanzuter Benevolent Association

Thus, defendants had until November 30, 2009 either to answer or to make a pre-trial motion. In the absence…

Magder v. Lee

Where a defendant fails to make a timely, pre-answer motion to dismiss and fails to demonstrate good cause…