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JIMINEZ v. CITY OF NEW YORK

5 A.D.3d 182 (2004)

772 N.Y.S.2d 515

IRVIO JIMINEZ, Appellant, v. CITY OF NEW YORK et al., Defendants, and "JOHN" MASSAR et al., Respondents.

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

March 9, 2004.

No jurisdiction was obtained over the individually named correction officers, who concededly worked at Rikers Island, by means of substituted service at the Department of Correction headquarters in Manhattan (see Lorensen v Digman, 1998 WL 37593, 1998 US Dist LEXIS 861 [ND NY, Jan. 27, 1998]). There are no disputed facts that would require a traverse hearing. In the absence of jurisdiction, these individuals were relieved of having to offer a meritorious defense or...

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