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BOSWELL v. JIMINY PEAK, INC.

94 A.D.2d 782 (1983)

Peyton Boswell, III, Appellant, v. Jiminy Peak, Inc., Respondent, et al., Defendants

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

May 31, 1983

Order reversed, with costs, and motion denied.

The motion by defendant Jiminy Peak, Inc., pursuant to CPLR 3211 (subd [a], par 8) to dismiss for lack of in personam jurisdiction was based upon CPLR 301 and 302. Since it was brought more than one year after service of the answer it should have been made under CPLR 3212 (see Connell v Hayden, 83 A.D.2d 30, 32) and Special Term should have given notice to the parties that the...

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