HAMILTON EQUITY GROUP, LLC v. LUMBREREAS

1049 CA 19-002243.

191 A.D.3d 1362 (2021)

137 N.Y.S.3d 776

2021 NY Slip Op 00742

Hamilton Equity Group, LLC, as Assignee of HSBC Bank USA, National Association, Respondent, v. Javier Francisco Lumbrereas, Also Known as Javier Francisco Lumbreras and Another, Appellant.

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

Decided February 5, 2021.


Attorney(s) appearing for the Case

FEINSTEIN & NAISHTUT, LLP, RYE BROOK ( STEVEN D. FEINSTEIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( MIRANDA L. SHARLETTE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Curran, Troutman and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order that, inter alia, granted plaintiff's motion for a default judgment and denied defendant's cross motion pursuant to CPLR 3211 to dismiss the complaint based on lack of personal jurisdiction. We affirm.

CPLR 3211(e) provides that a party may move to dismiss the complaint "[a]t any time before service of the responsive pleading...

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