Kelly v. Eastern Airlines, Inc.

Judgment, Supreme Court, New York County, entered April 8, 1983 in defendant’s favor, and the order (Blyn, J.) on which it was based, entered March 22, 1983, confirming a referee’s report denying plaintiffs’ motion to strike an affirmative defense of lack of jurisdiction and dismissing the action, unanimously reversed, on the law, the facts and in the exercise of discretion, the motion to strike the affirmative defense is granted and the complaint is reinstated, with costs. 11 The credibility of the process server was challenged in this dispute over whether jurisdiction had been acquired. The…