Richter v. Pisani

Full title: KURT RICHTER, Appellant, v. FIORINO D. PISANI, Respondent

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

Date published: Mar 1, 1993

191 A.D.2d 419 (N.Y. App. Div. 1993)

596 N.Y.S.2d 694

Opinion

March 1, 1993

Appeal from the Supreme Court, Suffolk County (Cannavo, J.).

Ordered that the judgment is reversed insofar as appealed from, the order is vacated, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether personal jurisdiction was properly obtained over the defendant.

The court was confronted with conflicting affidavits raising questions of fact which should have been resolved after a hearing (see, Steiner v. Steiner, 81 A.D.2d 725). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.