Weichert v. Kimber

—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant, a Canadian resident, came to New York on June 6, 1995 to confer with his attorney and prepare for trial in an action brought against him by plaintiff in Federal District Court. On June 14, 1995, the court dismissed that action for lack of subject matter jurisdiction. As defendant was leaving the courtroom, he was served with the summons in this action, which is based upon defendant’s alleged breach of an employment contract…