COHEN v. PEGALIS & WACHSMAN


99 A.D.2d 457 (1984)

Malcolm Cohen et al., Appellants, v. Pegalis & Wachsman, P. C., Respondent, et al., Defendant

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

January 24, 1984


Defendant law firm interposed an affirmative defense of lack of personal jurisdiction and moved to dismiss the original complaint served in this action. After hearing, the special referee recommended dismissal because of improper service. Before defendant moved to confirm this report, plaintiffs re-served the identical summons and complaint on the Secretary of State on January 4, 1982. Judgment dismissing the original action was entered May 24, 1982. Thereafter, plaintiffs...

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