Legal Opinion

In re the Arbitration between Electronic & Missile Facilities, Inc. & Curtis

New York Supreme Court

Decided December 20, 1962PublishedCited by 3 opinions

1Opinion of the CourtSidney A. Fine, J.

This motion for reargument is granted. It seems clear that counsel for respondent did note a special appearance at the time he requested an adjournment, for the purpose of making the motion required by section 237-a of the Civil Practice Act. There has been no general appearance by respondent, since the request for an adjournment was made as an incident to a special appearance and was promptly followed up by the motion to vacate service, pursuant to section 237-a of the Civil Practice Act, for lack of jurisdiction of the person of respondent. Where an adjournment is obtained as an incident to…

2Cases cited3 opinions

  1. Auten v. AutenNew York Court of Appeals · 1954
  2. In Re the Arbitration Between Gantt & Felipe Y Carlos Hurtado & Cia., Ltda.New York Court of Appeals · 1948
  3. Thompson v. MundheimNew York Supreme Court · 1943

3Cited by3 opinions

  1. Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)District Court, S.D. New York · 1991
  2. Matter of Ferrara S. P. A.District Court, S.D. New York · 1977
  3. Fisher v. Brook Village West PartnershipMassachusetts Superior Court · 1996

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