DAVIDMAN v. ORTIZ


63 Misc.2d 984 (1970)

Samuel H. Davidman, Plaintiff, v. Michael C. Ortiz et al., Defendants.

Supreme Court, Special Term, Queens County.

June 18, 1970


Attorney(s) appearing for the Case

Hector A. Ortiz for defendant. Salamon, Salamon & Gruber (Henry S. Salamon of counsel), for plaintiff.


FRANK D. O'CONNOR, J.

This is a motion for an order dismissing the complaint pursuant to CPLR 3211 (subd. [a], par. 8) on the ground that the court does not have jurisdiction of the defendant. The moving papers aver that the service of the summons in this action was fatally defective because the summons and complaint were served upon the defendant's attorney while the defendant and his said attorney were attending an examination before trial, in other...

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