ROSENBLATT v. SAIT


34 A.D.2d 238 (1970)

Thelma Rosenblatt et al., Appellants, v. Lenard S. Sait et al., Respondents

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

May 26, 1970.


Attorney(s) appearing for the Case

Bernard Beitel of counsel (Robert A. Mallow with him on the brief; Gainsburg, Gottlieb, Levitan & Cole, attorneys), for appellants.

C. Daniel Chill of counsel (Quint, Marx & Chill, attorneys), for respondents.

STEVENS, P. J., CAPOZZOLI and NUNEZ, JJ., concur with BASTOW, J.; EAGER, J., dissents in opinion.


BASTOW, J.

Plaintiffs commenced this action to recover a sum alleged to be due from defendants upon two promissory notes by substituted service of a summons and notice of motion for summary judgment (CPLR 3213). Defendants cross-moved to dismiss the action for lack of jurisdiction over their persons (CPLR 3211, subd. [a], par. 8); for a change of venue to one of three named counties, including Queens County...

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