Rink v. Fulgenzi

In a mortgage foreclosure action, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), dated January 22, 1996, which granted the defendant’s motion to dismiss the complaint based on lack of personal jurisdiction and denied the plaintiffs’ cross motion, inter alia, for an order directing service upon the defendant pursuant to CPLR 308 (5).

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the defendant’s motion to dismiss the complaint, and substituting therefor a provision denying the motion; as so modified,…