Slomin's Inc. v. Salazar

Full title: SLOMIN'S INC., Respondent, v. CARLOS SALAZAR, Appellant, et al., Defendant

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

Date published: Apr 19, 1993

192 A.D.2d 647 (N.Y. App. Div. 1993)

598 N.Y.S.2d 713

Opinion

April 19, 1993

Appeal from the Supreme Court, Queens County (Lane, J.).

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for the purpose of holding a hearing on the issue of whether personal jurisdiction was obtained over the appellant, and for a new determination of the remaining branches of the appellant's motion.

The court was confronted by conflicting affidavits which raised questions of fact which should have been resolved by a hearing (see, Steiner v Steiner, 81 A.D.2d 725; see also, Taylor v Jones, 172 A.D.2d 745). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.