Tappis v. National Van Lines, Inc.

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

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.