Dembo v. Stasig

This action was brought in Ulster County Court, personal service of the summons and complaint having been *17made on defendant in that county. The complaint contained no allegation of the residence of defendant, who was, in fact, not a resident of the county. An answer was served which denied the material allegations of the complaint and raised the defenses of payment in full and of the court’s lack of jurisdiction of defendant’s person. After joinder of issue, plaintiff served notice of examination of defendant before trial. Moving to vacate such notice, defendant also asked for the dismissal…