Blatz v. Benschine

Plaintiffs, in an action to recover damages resulting from an automobile collision on May 22, 1966, move “ for an order pursuant to Rule 3211(b) of the C.P.L.R. dismissing the affirmative defense contained in the answer of the defendant on the ground that a defense is not stated.” That defense is “that this Court does not have jurisdiction of the person of this answering defendant, Frederick W. Benschine ” (CPLR 3211, subd. [a], par. 8).

The grounds of the motion are (1) that the original answer of the defendant to the complaint served with the summons on October 15, 1966 by substituted…