GRECK v. ANISH


229 A.D.2d 375 (1996)

645 N.Y.S.2d 68

Neville P. Greck, Appellant, v. Alfred Anish et al., Respondents

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

July 1, 1996


Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, the complaint is reinstated, and the affirmative defense of lack of personal jurisdiction is dismissed.

We agree with the plaintiff that the Supreme Court erred in dismissing the complaint. The record demonstrates that the unambiguously-worded, first affirmative defense set forth in the answer referred to a single "non-served defendant". Thus, it did not...

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