FOLEY v. ROCHE


68 A.D.2d 558 (1979)

John J. Foley, Respondent, v. Mary E. Roche et al., Appellants

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

June 26, 1979


Attorney(s) appearing for the Case

Robert P. Whelan of counsel (McHugh Heckman Smith & Leonard, attorneys), for appellants.

Pamela Anagnos Liapakis of counsel (Lipsig, Sullivan, Mollen & Liapakis, P. C., attorneys), for respondent.

SANDLER, BLOOM, LYNCH and ROSS, JJ., concur.


FEIN, J. P.

Defendants appeal from the order of Special Term to the extent that the court conditioned dismissal of the complaint for lack of jurisdiction and vacatur of the attachment upon defendants agreeing to accept service of process in an action to be commenced in New Jersey and waiving Statute of Limitations as a defense, except to the extent available as a defense in this action. The suit was instituted...

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