Olesniewicz v. Khan

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J), dated February 6, 2004, which, after a hearing (Dye, J.), denied his motion for leave to enter a judgment upon the defendants’ failure to appear or answer the complaint and granted the defendants’ cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) for lack of personal jurisdiction.

Ordered that on the Court’s own motion, the notice of appeal from a decision of the same court dated August 19, 2002, is deemed a premature notice of appeal…