Tappis v. National Van Lines, Inc.

Appellate Terms of the Supreme Court of New York

Tappis v. National Van Lines, Inc.

43 Misc. 2d 157, 250 N.Y.S.2d 466, 1964 N.Y. Misc. LEXIS 1847

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 22, 1964

StatusPublished

Cited by1 cases

This text of 43 Misc. 2d 157 (Tappis v. National Van Lines, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tappis v. National Van Lines, Inc., 43 Misc. 2d 157, 250 N.Y.S.2d 466, 1964 N.Y. Misc. LEXIS 1847 (N.Y. Ct. App. 1964).

Pincite

Opinion

Per Curiam,

The service of the summons outside the County of Westchester was invalid and conferred no jurisdiction upon the City Court of New Rochelle (New Rochelle City Court Act, § 201; § 205, suhd, 1). Defendant was not in default in raising the jurisdictional question. Service is measured from time of mailing, not time of receipt. (OPDR 2103, suhd. [b], par. 2; Jackson & Perkins Co. v. The Rose Fair, 278 App. Div. 890.)

Furthermore there is no time limit for making an attack based on lack of personal jurisdiction of defendant. (7 Carmody-Wait, New York Practice, p. 390.)

The order should be unanimously reversed, without costs, motion to vacate service of summons granted and cross motion to dismiss special appearance denied.

Concur — Benjamin, Gtjlotta and McDonald, JJ. Order reversed, etc.

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