Dratfield v. Besser

Appellate Division of the Supreme Court of New York

Dratfield v. Besser

188 A.D.2d 424, 592 N.Y.S.2d 249, 1992 N.Y. App. Div. LEXIS 14537

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 1992

StatusPublished

This text of 188 A.D.2d 424 (Dratfield v. Besser) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dratfield v. Besser, 188 A.D.2d 424, 592 N.Y.S.2d 249, 1992 N.Y. App. Div. LEXIS 14537 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered April 10, 1992, which denied defendant’s motion to dismiss the complaint for lack of jurisdiction, unanimously affirmed, with costs.

The evidence is sufficient to show that process was properly served pursuant to CPBR 308 (2), notwithstanding the process server’s unavailability at the traverse hearing. Nor did the court’s questioning of defendant result in its consideration of inadmissible evidence, the court’s inquiries being relevant to defendant’s knowledge of legal procedures relating to service of process and his credibility. Concur — Carro, J. P., Wallach, Asch and Kassal, JJ.

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Order, Supreme Court, New York County (Helen E. Freedman, J.), entered April 10, 1992, which denied defendant’s motion to dismiss the complaint for lack of jurisdiction, unanimously affirmed, with costs.

The evidence is sufficient to show that process was properly served pursuant to CPBR 308 (2), notwithstanding the process server’s unavailability at the traverse hearing. Nor did the court’s questioning of defendant result in its consideration of inadmissible evidence, the court’s inquiries being relevant to defendant’s knowledge of legal procedures relating to service of process and his credibility. Concur — Carro, J. P., Wallach, Asch and Kassal, JJ.

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Bluebook (online)

188 A.D.2d 424, 592 N.Y.S.2d 249, 1992 N.Y. App. Div. LEXIS 14537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dratfield-v-besser-nyappdiv-1992.