Quinn v. Booth Memorial Hospital

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

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 To the extent that Simkins v Gruenspan (118 Misc 2d 107) suggests that Farmer is no longer valid, it should not be followed.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.