From Casetext: Smarter Legal Research

Maloney v. Braeside Apartments Company

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1112 (N.Y. App. Div. 1993)

Opinion

May 28, 1993

Appeal from the Supreme Court, Onondaga County, Mordue, J.

Present — Denman, P.J., Pine, Balio, Fallon and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion to dismiss the complaint and cross claims against defendant N. Lawrence Caruso Associates, P.C. (Caruso PC). Caruso PC contends that its motion should have been granted because plaintiff's cause of action did not accrue until after Caruso PC's corporate existence was dissolved. Caruso PC failed to plead that defense, and failed to raise it on the record, thus waiving it (see, Martin v Rockwell Graphic Sys., 192 A.D.2d 1124; Schaffer Stores Co. v Grand Union Co., 84 A.D.2d 614, appeal dismissed 56 N.Y.2d 570; Pace v Perk, 81 A.D.2d 444; see generally, CPLR 3018 [b]). Whether Architectural Associates of Syracuse is a continuation of Caruso PC and thereby responsible for the latter's liabilities is not an issue before this Court. Architectural Associates of Syracuse is not a party to this action.

Supreme Court properly dismissed the complaint and cross claims against N.L. Caruso. Delivery of the summons and complaint to Caruso's former place of business, which he had ceased to use when he sold the business some three years earlier, was insufficient to confer personal jurisdiction upon Caruso (see, Continental Hosts v Levine, 170 A.D.2d 430).


Summaries of

Maloney v. Braeside Apartments Company

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1112 (N.Y. App. Div. 1993)
Case details for

Maloney v. Braeside Apartments Company

Case Details

Full title:EDWARD P. MALONEY, Respondent-Appellant, v. BRAESIDE APARTMENTS COMPANY et…

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

Date published: May 28, 1993

Citations

193 A.D.2d 1112 (N.Y. App. Div. 1993)
598 N.Y.S.2d 640

Citing Cases

Raymond v. Elfar

The Court finds, based on the foregoing, that this internet listing does not establish that the Defendant has…

Jackson v. County of Nassau

This actual place of business is defendant's business address at the time of service, and not when the cause…