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MOSS v. CORWIN

154 A.D.2d 443 (1989)

Robert Moss et al., Respondents, v. Howard Corwin, Appellant, et al., Defendants

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

October 10, 1989

Ordered that the order is reversed insofar as appealed from, on the law, and the motion to strike the affirmative defense of lack of personal jurisdiction is denied, with costs.

Upon review of this record, we conclude that the affirmative defense of lack of personal jurisdiction should not have been stricken. Process was served upon the appellant pursuant to CPLR 308 (4), the so-called "nail and mail" provision. In support...

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