Fred Shore Beach Club, Inc. v. Palmieri

The plaintiffs commenced this action against the defendants to recover damages, inter alia, for abuse of process. The defendants moved pursuant to CPLR 3211 (a) (8) to dismiss the complaint on the ground of lack of personal jurisdiction, arguing that neither of the two defendants was properly served. Following a hearing at which the process server testified for the plaintiffs, and an employee of one of the defendants testified for the defendants, the Supreme Court found that service had been properly made on the defendants, and denied their motion.

In reviewing a determination made after a…