Appellate Terms of the Supreme Court of New York, 1964

Tappis v. National Van Lines, Inc.

Appellate Terms of the Supreme Court of New York · Decided April 22, 1964

43 Misc. 2d 157; 250 N.Y.S.2d 466; 1964 N.Y. Misc. LEXIS 1847

Counsel

Perrell, Nielsen & Stephens (John Nielsen of counsel), for appellant. Ben Mermelstein for respondent.

Opinion of the Court

Per Curiam,

The service of the summons outside the County of Westchester was invalid and conferred no jurisdiction upon the City Court of New Rochelle (New Rochelle City Court Act, § 201; § 205, suhd, 1). Defendant was not in default in raising the jurisdictional question. Service is measured from time of mailing, not time of receipt. (OPDR 2103, suhd. [b], par. 2; Jackson & Perkins Co. v. The Rose Fair, 278 App. Div. 890.)

Furthermore there is no time limit for making an attack based on lack of personal jurisdiction of defendant. (7 Carmody-Wait, New York Practice, p. 390.)

The order should be unanimously reversed, without costs, motion to vacate service of summons granted and cross motion to dismiss special appearance denied.

Concur — Benjamin, Gtjlotta and McDonald, JJ. Order reversed, etc.

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