Appellate Division of the Supreme Court of New York, 1981

Smid v. Lombard

Appellate Division of the Supreme Court of New York · Decided August 24, 1981

83 A.D.2d 877; 442 N.Y.S.2d 104; 1981 N.Y. App. Div. LEXIS 15273

Cases that cite this one

9 later published cases cite this decision.

Kaszovitz v. Weiszman (Appellate Division of the Supreme Court of New York 1985)
Gordon v. Nemeroff Realty Corp. (Appellate Division of the Supreme Court of New York 1988)
Aquila v. Aquila (Appellate Division of the Supreme Court of New York 1987)
De Zego v. Bruhn (Appellate Division of the Supreme Court of New York 1984)
Rowlan v. Brooklyn Jewish Hospital (Appellate Division of the Supreme Court of New York 1984)
Anton v. Amato (Appellate Division of the Supreme Court of New York 1984)
Martini v. Powers (Appellate Division of the Supreme Court of New York 1984)
Old Colony Furniture Co. v. Fiegoli (Appellate Division of the Supreme Court of New York 1983)
People ex rel. Walker v. New York State Board of Parole (Appellate Division of the Supreme Court of New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a medical malpractice action, defendant Joseph Lombard appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated July 9, 1980, which, after a traverse hearing, denied his motion to dismiss the complaint on the grounds of lack of personal jurisdiction and Statute of Limitations. Order affirmed, with costs. Where a process server dies subsequent to a contested service of process and prior to a traverse hearing, his affidavit of service, if it is not conclusory and devoid of sufficient detail (see Jones v King, 24 AD2d 430), shall be admitted in evidence as a prima facie proof of service (see Townsend, Rabinowitz, Pantaleoni & Schad v Houssein, NYLJ, July 10, 1980, p 6, col 2; Denning v Lettenty, 48 Misc 2d 185). On the facts presented, plaintiffs met their burden of proving personal jurisdiction over defendant Lombard (cf. Empire Nat. Bank v Judal Constr. of N.Y., 61 AD2d 789; Slotnick v Campanile, 47 AD2d 536, affd 38 NY2d 986). Gulotta, J.P., Cohalan, O’Connor and Thompson, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.