Gotham Air Conditioning Service, Inc. v. Heitner

OPINION OF THE COURT

David Goldstein, J.

Motion by plaintiff for an order, pursuant to CPLR 3211 (b), dismissing the affirmative defenses in the answer is granted only as to defendants Norman e Breitstein and Heitner & Breitstein, a general partnership.

Although the court had previously directed a traverse on the jurisdictional defense, a hearing is unnecessary since it *431appears the partnership and the individual defendant Breitstein were properly served by service of process upon one of the partners (CPLR 310). Neither has appeared to challenge the sufficiency of such service. Nor is there any…