RODER v. GOLDSMITH


49 Misc.2d 882 (1966)

Louis Roder et al., Respondents, v. Nathan Goldsmith, Appellant.

Supreme Court, Appellate Term, First Department.

March 3, 1966


Attorney(s) appearing for the Case

Perrell, Nielsen & Stephens (Thomas O. Perrell and John Nielsen of counsel), for appellant.

HOFSTADTER, J. P., HECHT and GOLD, JJ., concur.


Per Curiam.

The Civil Court lacked the power to assert in personam jurisdiction over the defendant on the basis of personal service of process in Nassau County. The action is founded on an out-of-city tort; the defendant is a nonresident of New York City, and the fact that he is regularly employed within the city will not justify extraterritorial service.

The orders should be reversed, with $10 costs, defendant's motions granted and the complaint dismissed...

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