Harkness v. Doe

—Appeal from order and judgment insofar as it denied cross motion unanimously dismissed and order and judgment reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint on the ground that the court lacked jurisdiction over defendant. Jurisdiction was obtained over defendant when plaintiffs completed service in accordance with the order directing the manner of service pursuant to CPLR 308 (5) (see, Harkness v Doe, 261 AD2d 846 [decided herewith]).

The appeal by plaintiff…