Competello v. Giordano

In a medical malpractice action, defendant appeals from an order of the Supreme Court, Kings County, dated July 26, 1978, which, after a traverse hearing, granted the plaintiffs’ motion to strike his affirmative defense of lack of personal jurisdiction. Order reversed, without costs or disbursements, and motion denied. The defendant, a physician, has interposed the affirmative defense of lack of personal jurisdiction (see CPLR 3211, subd [a], par 8). Upon this record, the defense should not have been stricken. Process was served upon the defendant pursuant to CPLR 308 (subd 4), i.e., by…