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FUENTES v. ESPINAL

2016-04699. Index No. 4224/15.

153 A.D.3d 500 (2017)

60 N.Y.S.3d 81

2017 NY Slip Op 05938

JOSEPH FUENTES, Appellant, v. BYRON ESPINAL, Respondent.

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

Decided August 2, 2017.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a hearing to determine whether personal jurisdiction over the defendant was obtained in the action, and for a new determination thereafter of the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) and 306-b.

The Supreme Court erred in granting the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a...

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