Brodsky v. Spencer

This is a motion for an order to set aside the service of a summons in an action arising out of an automobile accident, on the ground that the court has not jurisdiction of the defendant (CPLB 3211, subd. [a], par. 8). The jurisdictional question was raised in the defendant’s answer and it does not appear that the defendant has moved on any of the other grounds set forth in subdivision (a) of said section.

This court by order dated December 9, 1964 under CPLB 308 (subd. 4) permitted the.service of the summons and complaint on the defendant by the mailing of a copy thereof to his automobile…