Howard v. Spitalnik

Appeal from order, Supreme Court, New York County, entered July 26, 1978, denying defendant’s motion to dismiss for nonservice of a summons and for failure to serve a complaint after notice of appearance, is unanimously dismissed, without costs, as academic having been subsumed in the order, Supreme Court, New York County, entered September 11, 1978, which granted defendant’s motion for reargument. The order of September 11, 1978, is unanimously modified, on the law, without costs, to grant on reargument the motion to dismiss for lack of personal jurisdiction, and otherwise affirmed, without…