Kochenthal v. Kochenthal

This is a motion to dismiss the complaint in this action and to vacate and set aside the service of the summons and complaint upon the ground that the defendant, presently a nondomiciliary, was not served with process in this State, and that this court accordingly lacks jurisdiction over the person of the defendant.

The issue for determination before the court on this application is the applicability of the so-called ‘1 long arm statute ” (CPLR 302, subd. [a], par. 1) to an action brought in New York by the plaintiff wife based on a separation agreement executed in New York by the litigating…