CHIMERI v. PADDOCK POOL BUILDERS, INC.


15 A.D.2d 692 (1962)

Thomas Chimeri, Respondent, v. Paddock Pool Builders, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 17, 1962


The action was commenced by the service of a summons on September 17, 1959. Defendant served a general notice of appearance on September 24, 1959. A note of issue was filed on May 13, 1960, although no complaint was served until October 13, 1960. On November 22, 1960, the case was moved for trial and the defendant made a motion to dismiss the complaint for lack of jurisdiction of the defendant. This motion was properly denied because the defendant had waived the question...

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