(DOWNLOAD) "Molly Bides v. Abraham & Strauss Division Federated Department Stores" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Molly Bides v. Abraham & Strauss Division Federated Department Stores
- Author : Supreme Court of New York
- Release Date : January 20, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Defendant Perlmans answer to plaintiffs complaint included an affirmative defense of lack of personal jurisdiction. Defendant A & S served a cross complaint upon Perlman by mail. Perlman served an answer to the cross complaint, but did not assert its jurisdictional defense therein. During the course of the trial, plaintiffs complaint was dismissed as to Perlman after a traverse established that Perlman had not been personally served with the summons. The jury found in favor of plaintiff as against A & S and in favor of A & S on its cross complaint against Perlman. The trial court thereupon dismissed the cross complaint on the ground of lack of personal jurisdiction. The jurys verdict on the cross complaint should be reinstated. The defense of lack of personal jurisdiction may be raised either by motion or in the responsive pleading (CPLR 3211, subd. [e]). Failure to so raise the defense constitutes an appearance (CPLR 320, subd. [b]). An answer is the required responsive pleading to a cross complaint (CPLR 3011). We are of the opinion that Perlman, by its failure to assert the defense of lack of jurisdiction in its answer to the cross complaint, lost that defense as against A & S. As a result, Perlman, although no longer a party to the main action, remains in the case insofar as the cross action is concerned (cf. Galka v. City of Albany, 285 App. Div. 27, 29; Meisner v. Healey, 18 A.D.2d 368, 372). We have considered Perlmans remaining contentions and find them without merit.
 "Molly Bides v. Abraham & Strauss Division Federated Department Stores" by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}