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WILSEY v. GAVETT

49 Misc.2d 861 (1965)

Jason Wilsey, Plaintiff, v. Charles W. Gavett et al., Defendants.

Supreme Court, Delaware County.

December 13, 1965

Attorney(s) appearing for the Case

Coughlin, Dermody, Ingalls & Guy (Edward S. Dermody and Robert J. Smith of counsel), for Sam Mulkey Company, defendant. Latham & Mogavero (Livingston S. Latham of counsel), for Charles W. Gavett and another, defendants. Edwin Paul Hoskins for plaintiff.

ROBERT O. BRINK, J.

This is a motion pursuant to CPLR 3211 (subd. [a], par. 8), in which defendant Sam Mulkey Company has moved for a judgment dismissing the complaint on the ground that this court does not have jurisdiction over the person of the defendant.

Plaintiff asserts that jurisdiction was attained by service upon the defendant in Missouri, based upon CPLR 302 (subd. [a], pars. 1, 2), i.e., plaintiff...

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