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SALERNO v. KEARNEY

87 Misc.2d 995 (1976)

Francesco Salerno, Plaintiff, v. Patti Kearney, Defendant.

Supreme Court, Special Term, Suffolk County.

June 24, 1976

Attorney(s) appearing for the Case

Donald F. Ayers for defendant. Aliazzo & Kramer for plaintiff.

WILLIAM L. UNDERWOOD, JR., J.

The crucial question to be determined on this motion to dismiss the complaint is whether or not a defendant may move to dismiss a complaint upon the ground that the court does not have jurisdiction over her person (CPLR 3211, subd [a], par 8) after she has preserved the objection in her answer. The case of Wahrhaftig v Space Design (29 A.D.2d 699) has held that a defendant is precluded...

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