Davidman v. Ortiz

This is a motion for an order dismissing the complaint pursuant to CPLB 3211 (subd. [a], par. 8) on the ground that the court does not have jurisdiction of the defendant. The moving papers aver that the service of the summons in this action was fatally defective because the summons and complaint were served upon the defendant’s attorney while the defendant and his said attorney were attending an examination before trial, in other litigation, in the office of plaintiff’s attorney, pursuant to a subpoena. The opposing papers assert that service was, in fact, made upon the defendant personally.

Th…