Quinn v. Booth Memorial Hospital

Appellate Division of the Supreme Court of New York

Quinn v. Booth Memorial Hospital

239 A.D.2d 266, 657 N.Y.S.2d 680, 1997 N.Y. App. Div. LEXIS 5278

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

DecidedMay 20, 1997

StatusPublished

Cited by4 cases

This text of 239 A.D.2d 266 (Quinn v. Booth Memorial Hospital) 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

Quinn v. Booth Memorial Hospital, 239 A.D.2d 266, 657 N.Y.S.2d 680, 1997 N.Y. App. Div. LEXIS 5278 (N.Y. Ct. App. 1997).

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Opinion

Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about March 31, 1995, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them for lack of personal jurisdiction, unanimously affirmed, without costs.

Appellants’ filing of a removal petition to Federal court effected a general appearance precluding their objections to defective service under CPLR 308 (1) or (2) after the case was remanded to State court (Farmer v National Life Assn., 138 NY 265; Weinberg v Colonial Williamsburg, 215 F Supp 633, 637 [ED NY]). To the extent that Simkins v Gruenspan (118 Misc 2d 107) suggests that Farmer is no longer valid, it should not be followed. Concur—Rosenberger, J. P., Nardelli, Rubin and Williams, JJ.

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Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about March 31, 1995, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them for lack of personal jurisdiction, unanimously affirmed, without costs.

Appellants’ filing of a removal petition to Federal court effected a general appearance precluding their objections to defective service under CPLR 308 (1) or (2) after the case was remanded to State court (Farmer v National Life Assn., 138 NY 265; Weinberg v Colonial Williamsburg, 215 F Supp 633, 637 [ED NY]). To the extent that Simkins v Gruenspan (118 Misc 2d 107) suggests that Farmer is no longer valid, it should not be followed. Concur—Rosenberger, J. P., Nardelli, Rubin and Williams, JJ.

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Bluebook (online)

239 A.D.2d 266, 657 N.Y.S.2d 680, 1997 N.Y. App. Div. LEXIS 5278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinn-v-booth-memorial-hospital-nyappdiv-1997.

Opinion

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