Elman v. Belson

Defendant moves to dismiss for lack of jurisdiction over his person; plaintiffs cross-move for summary judgment. The motion to dismiss is denied without prejudice to defendant’s pleading in his answer a defense of lack of jurisdiction; the cross motion is dismissed as premature, no answer having yet been served (CPLR 3212, subd. [a]; Pisano v. County of Nassau, 41 Misc 2d 844, affd. 21 A D 2d 754).

Defendant is a resident of Illinois and the holder of a judgment recovered in Illinois against certain New York individuals and corporations. Defendant’s Chicago attorneys came to New York,…