Opinion
April 22, 1964
Appeal from the City Court of the City of New Rochelle, Westchester County, CHRISTOPHER J. MURPHY, J.
Perrell, Nielsen Stephens ( John Nielsen of counsel), for appellant.
Ben Mermelstein for respondent.
The service of the summons outside the County of Westchester was invalid and conferred no jurisdiction upon the City Court of New Rochelle (New Rochelle City Court Act, § 201; § 205, subd. 1). Defendant was not in default in raising the jurisdictional question. Service is measured from time of mailing, not time of receipt. (CPLR 2103, subd. [b], par. 2; Jackson Perkins Co. v. The Rose Fair, 278 App. Div. 890.)
Furthermore there is no time limit for making an attack based on lack of personal jurisdiction of defendant. (7 Carmody-Wait, New York Practice, p. 390.)
The order should be unanimously reversed, without costs, motion to vacate service of summons granted and cross motion to dismiss special appearance denied.
Concur — BENJAMIN, GULOTTA and McDONALD, JJ. Order reversed, etc.