Appellate Division of the Supreme Court of New York, 1997

Ballestero v. HAF Edgecombe Associates

Ballestero v. HAF Edgecombe Associates
Appellate Division of the Supreme Court of New York · Decided May 5, 1997
239 A.D.2d 308; 657 N.Y.S.2d 1002; 1997 N.Y. App. Div. LEXIS 4621
Ballestero v. HAF Edgecombe Associates

Opinion of the Court

In *309an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated July 8, 1996, as granted those branches of the plaintiffs’ motion which were to dismiss so much of the first affirmative defense as was asserted on behalf of the defendant HAF Edgecombe Associates, L.P., and the second affirmative defense.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants’ claim, personal service on the defendants’ limited partner was sufficient to commence the instant action against the partnership (see, Partnership Law § 121-109 [e]; CPLR 310 [a]; Micheli Contr. Corp. v Fairwood Assocs., 73 AD2d 774).

The defendants’ remaining contentions are without merit. Bracken, J. P., Copertino, Santucci and Altman, JJ., concur.

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