Legal Opinion

Berti v. Berti

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1989Published

1Opinion of the Court

In an action for divorce and related relief, the defendant appeals from an order of the Supreme Court, Suffolk County (Friedenberg, J.), dated November 13, 1987, which denied his motion to cancel a lis pendens and for dismissal of the complaint based upon lack of personal jurisdiction.

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that jurisdiction over the defendant was obtained by virtue of the service upon him pursuant to CPLR 308 (1) of a summons with notice (see, Domestic Relations Law § 232 [a]; CPLR 3102 [b]; McLaughlin, 1977 Supp Practice Commentaries,…

2Cases cited5 opinions

  1. Parker v. MackNew York Court of Appeals · 1984
  2. Lillian Weinstein v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1976
  3. Bal v. Court Employment Project, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  4. Byrne v. Fordham UniversityAppellate Division of the Supreme Court of the State of New York · 1986
  5. Sibley v. Lake Anne Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1988

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