Darienzo v. Selbern Shoe Co.

Appellate Division of the Supreme Court of New York

Darienzo v. Selbern Shoe Co.

41 A.D.2d 736, 341 N.Y.S.2d 285, 1973 N.Y. App. Div. LEXIS 4968

Appellate Division of the Supreme Court of the State of New York·Decided March 5, 1973·Published·Cited by 2 cases

Opinion

In a.personal injury action, defendant appeals from an order of the Supreme Court, Kings County, dated July 28, 1971, which denied its motion to dismiss all the causes- of action in the complaint for lack of jurisdiction over its person (CPLR 3211, subd. [a], par; 8), without prejudice to. interposition of the jurisdictional objection in its answer. Order reversed, without costs, and motion remitted to Special Term for a hearing solely on [737] the question of jurisdiction and a new determination. The motion papers presented sharp questions of fact concerning the essential jurisdictional requirements of CPLR 302. It is our opinion that in such a situation it is preferable to order an immediate hearing on the factual questions, pursuant to CPLR 3211 (subd. [c]), rather than await the trial for determination thereof. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In a.personal injury action, defendant appeals from an order of the Supreme Court, Kings County, dated July 28, 1971, which denied its motion to dismiss all the causes- of action in the complaint for lack of jurisdiction over its person (CPLR 3211, subd. [a], par; 8), without prejudice to. interposition of the jurisdictional objection in its answer. Order reversed, without costs, and motion remitted to Special Term for a hearing solely on [737] the question of jurisdiction and a new determination. The motion papers presented sharp questions of fact concerning the essential jurisdictional requirements of CPLR 302. It is our opinion that in such a situation it is preferable to order an immediate hearing on the factual questions, pursuant to CPLR 3211 (subd. [c]), rather than await the trial for determination thereof. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

Darienzo v. Selbern Shoe Co., 41 A.D.2d 736, 341 N.Y.S.2d 285, 1973 N.Y. App. Div. LEXIS 4968 (N.Y. Ct. App. 1973).

Pincite

41 A.D.2d 736 (Darienzo v. Selbern Shoe Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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