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BECKER v. LESNICK

96 Misc.2d 819 (1978)

Stanley Becker, as Administrator of The Estate of Gloria Becker, Deceased, Plaintiff, v. Gerson J. Lesnick et al., Defendants.

Supreme Court, Special Term, New York County.

July 14, 1978

Attorney(s) appearing for the Case

Morris, Duffy, Ivone & Jensen (John J. Klaum of counsel), for Frances T. Klempner and another, defendants. Garbarini, Scher & De Cicco for Gerson J. Lesnick and others, defendants. McCarthy, Schultz & Mulholland for Arthur Goldberg, defendant. Ressler & Ressler (Bruce Jeffrey Ressler of counsel), for plaintiff.

BENTLEY KASSAL, J.

ISSUES

This motion to dismiss, for lack of personal jurisdiction, raises two interesting issues:

1. Did the stipulation by defendant's attorney, only extending the time to answer (not to move, etc.), constitute an appearance and thereby a waiver of objections to jurisdiction? and

2. Does the doctrine of equitable estoppel preclude defendant from denying personal jurisdiction...

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