Wahrhaftig v. Space Design Group, Inc.

Appeal from an order of the Supreme Court at Special Term which referred defendants’ motion to dismiss the action for lack of jurisdiction to another Special Term for trial by jury (in accordance with defendants’ demand under CPLR 2218), of the issue of fact, raised on the motion, as to the alleged service of the summons upon the defendants. In their amended answer, by way of an affirmative defense, the defendants for the first time objected to jurisdiction, alleging that “ the Court does not have jurisdiction of the person of either of the defendants herein in that neither of the defendants…