MAHNE v. CELL SOURCE, INC.

Index No. 650291/19. Appeal Nos. 15428-15428A. Case Nos. 2021-01423, 2021-01493.

203 A.D.3d 436 (2022)

160 N.Y.S.3d 593

2022 NY Slip Op 01395

Christopher Mahne, Respondent, v. Cell Source, Inc., Appellant.

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

Decided March 3, 2022.


Attorney(s) appearing for the Case

Law Offices of Michael M. Cohen, Brooklyn ( Michael M. Cohen of counsel), for appellant.

Moses & Singer LLP, New York ( David Lackowitz of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.


Defendant's CPLR 5015(a)(4) claim of lack of personal jurisdiction —which arises from inadequate notice periods set forth in the notice of motion that accompanied plaintiff's June 2019 renewed CPLR 3213 motion—is unavailing, as it does not take into account that the motion court previously acquired jurisdiction over defendant when plaintiff served his initial CPLR 3213 motion in January 2019. When the court denied plaintiff's initial motion, it did not dismiss...

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