PETTY v. OY


93 A.D.2d 791 (1983)

George S. Petty, Appellant, v. Myllykoski Oy et al., Respondents

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

April 28, 1983


Shortly after personal service was effected upon defendant Myllykoski Oy, all three defendants moved to dismiss the complaint alleging lack of jurisdiction over defendant Myllykoski Oy and failure to join an indispensable party (Myllykoski Oy) as to the other two defendants. Special Term erred in not holding the motion in abeyance and granting plaintiff's request for further discovery. On defendants' own papers it is clear that there are material facts to be delved into and...

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