Hirn v. Harris

Order entered December 7, 1967, denying motion to dismiss complaint unanimously reversed on the law and motion granted with leave however to plaintiff to apply to Special Term to serve an amended complaint, without costs and disbursements to either party. Defendant’s motion to dismiss the complaint was based on two grounds: that the court did not acquire jurisdiction by service without the State, and that the complaint does not state a cause of action. We agree with Special Term that service was properly effected. The complaint however is defective. The action is in fraud arising out of the…