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COLLETTA v. LILLY

86 A.D.2d 856 (1982)

Ned Colletta, Appellant, v. Leroy D. Lilly, Respondent. (And a Third-Party Action.)

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

February 16, 1982

Order reversed, on the law, with $50 costs and disbursements, and motion denied.

The affirmative defense pleaded, that "[t]he jurisdiction in the instant case, if any is in Rem", is not the "sufficiently particularized" objection to quasi in rem jurisdiction necessary to preserve the objection and thereby obtain dismissal based on a retroactive application of Rush v Savchuk (444 U.S. 320) (see Gager v White,

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