GAU v. KRAMER


289 A.D.2d 804 (2001)

735 N.Y.S.2d 433

JOHN GAU, Respondent, v. GERALD G. KRAMER, Appellant.

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

Decided December 20, 2001.


Mercure, J.

Copies of the duly filed summons and complaint in this legal malpractice action were personally served on defendant in October 1999. Shortly thereafter, defendant served a "limited notice of appearance," alleging that he was appearing only for the purpose of asserting lack of personal jurisdiction based upon violations of CPLR 305 (a) and 503 (a). In the absence of an answer or a motion to dismiss, plaintiff moved for judgment by default in March 2000...

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