Silfin v. Rose

Defendant Rodney Rose, hereinafter referred to as the defendant, appears specially and moves to vacate service of process upon him on the ground that at the time he was served he was immune from service of process in New York State.

Defendant is a resident of California. He came to New York solely to submit to examination as a defendant in another action pending here. While in the courthouse he was served with the summons and complaint in this action. If this were all, defendant would be entitled to have the process vacated on the ground that he was immune from service while in this State to…