Becker v. Lesnick
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Bentley Kassal, J.
ISSUES
This motion to dismiss, for lack of personal jurisdiction, raises two interesting issues:
1. Did the stipulation by defendant’s attorney, only extending the time to answer (not to move, etc.), constitute an appearance and thereby a waiver of objections to jurisdiction? and
2. Does the doctrine of equitable estoppel preclude defendant from denying personal jurisdiction because of claimed representations by him to plaintiff’s counsel, with respect to the proper party to be served?
FACTS
This is a wrongful death action. Decedent died on December 9, 1975,…
2Cases cited7 opinions
- McDonough v. CestareAppellate Division of the Supreme Court of the State of New York · 1957
- Renwal Products, Inc. v. Kleen-Stik Products, Inc.New York Supreme Court · 1964
- Aloisi v. DeatonNew York Supreme Court · 1962
- Developers Small Business Investment Corp. v. Puerto Rico Land & Development Corp.New York Supreme Court · 1964
- Capuano v. ZollaNew York Supreme Court · 1958
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3Cited by4 opinions
- Parrotta v. WolginAppellate Division of the Supreme Court of the State of New York · 1997
- Pendergrast v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- 16 Lincoln Square Associates v. Amrep Corp.Civil Court of the City of New York · 1985
- Professional Billing Resources, Inc. v. HaddadCivil Court of the City of New York · 2000