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Zion v. Peters

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2008
50 A.D.3d 894 (N.Y. App. Div. 2008)

Opinion

No. 2007-01774.

April 15, 2008.

In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Held, J.), dated January 17, 2007, as denied her renewed motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

James G. Bilello, Westbury, N.Y. (Martina I. Schmidt of counsel), for appellant.

Before: Lifson, J.P., Florio, Angiolillo and Chambers, JJ.


Ordered that the order is reversed insofar as appealed from, on the law, with costs and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The defendant's sworn, detailed, and specific statements that she no longer resided at the address recited in the process server's affidavit of service when service of the summons and complaint was purportedly made pursuant to CPLR 308 (4), entitled her to a hearing, before a determination of her motion to dismiss, on the issue of whether personal jurisdiction was acquired over her ( see Dunn v Pallett, 42 AD3d 807; Bankers Trust Co. of Cod. v Tsoukas, 303 AD2d 343; Bank of Am. Natl. Trust Sav. Assn. v Herrick, 233 AD2d 351). Therefore, we remit the matter to the Supreme Court, Kings County, for such a hearing and a new determination thereafter.


Summaries of

Zion v. Peters

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2008
50 A.D.3d 894 (N.Y. App. Div. 2008)
Case details for

Zion v. Peters

Case Details

Full title:MIRELLE ZION et al., Respondents, v. CARLOTTA PETERS, Appellant

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

Date published: Apr 15, 2008

Citations

50 A.D.3d 894 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3450
854 N.Y.S.2d 670

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