Lipski v. Lipski

Order, Supreme Court, New York County (Judith Gische, J.), entered April 3, 2001, which granted defendant’s motion to dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, without costs.

Plaintiff should not be collaterally estopped from asserting jurisdiction where it appears that, in his prior action for divorce, the issue of jurisdiction was first raised orally and decided at a conference, the only one held in the case, that neither he nor his attorney attended, and it does not otherwise appear that plaintiff had a full and fair opportunity to litigate the issue…