ROTHSCHILD v. TONER


95 Misc.2d 570 (1978)

L. F. Rothschild, Unterberg, Towbin, Plaintiff, v. Edward J. Toner, as Executor of Gerard J. Alonzo, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

July 24, 1978


Attorney(s) appearing for the Case

Miller, Montgomery, Sogi, Brady & Taft for Edward J. Toner, defendant. Jerome M. Selvers for Robert S. Dickstein, defendant. Moses & Singer for plaintiff.


ARNOLD G. FRAIMAN, J.

This motion presents for resolution a rather unusual issue, which appears to be one of first impression. The motion is by defendant Toner as executor of the estate of Gerard J. Alonzo. Alonzo was originally named as a defendant but the caption was amended after his death. His executor seeks to dismiss the complaint on the ground that the court never obtained jurisdiction of the person of Alonzo, who was a New Jersey resident. Plaintiff...

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