Richter v. Pisani

Appellate Division of the Supreme Court of New York

Richter v. Pisani

191 A.D.2d 419, 596 N.Y.S.2d 694, 1993 N.Y. App. Div. LEXIS 1806

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

DecidedMarch 1, 1993

StatusPublished

This text of 191 A.D.2d 419 (Richter v. Pisani) 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

Richter v. Pisani, 191 A.D.2d 419, 596 N.Y.S.2d 694, 1993 N.Y. App. Div. LEXIS 1806 (N.Y. Ct. App. 1993).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered March 28, 1991, as, upon granting the defendant’s motion to dismiss the complaint on the ground of lack of personal jurisdiction, dismissed the complaint. The plaintiff’s notice of appeal from the order dated January 28, 1991, is deemed a premature notice of appeal from the judgment (CPLR 5520 [c]).

Ordered that the judgment is reversed insofar as appealed from, the order is vacated, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether personal jurisdiction was properly obtained over the defendant.

The court was confronted with conflicting affidavits raising questions of fact which should have been resolved after a hearing (see, Steiner v Steiner, 81 AD2d 725). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered March 28, 1991, as, upon granting the defendant’s motion to dismiss the complaint on the ground of lack of personal jurisdiction, dismissed the complaint. The plaintiff’s notice of appeal from the order dated January 28, 1991, is deemed a premature notice of appeal from the judgment (CPLR 5520 [c]).

Ordered that the judgment is reversed insofar as appealed from, the order is vacated, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether personal jurisdiction was properly obtained over the defendant.

The court was confronted with conflicting affidavits raising questions of fact which should have been resolved after a hearing (see, Steiner v Steiner, 81 AD2d 725). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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Bluebook (online)

191 A.D.2d 419, 596 N.Y.S.2d 694, 1993 N.Y. App. Div. LEXIS 1806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richter-v-pisani-nyappdiv-1993.

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