Legal Opinion
Quinn v. Booth Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1997PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about March 31, 1995, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them for lack of personal jurisdiction, unanimously affirmed, without costs.
Appellants’ filing of a removal petition to Federal court effected a general appearance precluding their objections to defective service under CPLR 308 (1) or (2) after the case was remanded to State court (Farmer v National Life Assn., 138 NY 265; Weinberg v Colonial Williamsburg, 215 F Supp 633, 637 [ED NY]). To the extent that…
2Cases cited3 opinions
- Farmer v. National Life Ass'n of HartfordNew York Court of Appeals · 1893
- Weinberg v. COLONIAL WILLIAMSBURG, INCORPORATEDDistrict Court, E.D. New York · 1963
- Simkins v. GruenspanNew York Supreme Court · 1983
3Cited by4 opinions
- Magwitch, L.L.C. v. Pusser's Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- City of Newburgh v. 96 Broadway LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Stewart v. Raymond Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Magwitch, L.L.C. v. Pusser's Inc.Appellate Division of the Supreme Court of the State of New York · 2011