Appellate Terms of the Supreme Court of New York, 1966

Roder v. Goldsmith

Roder v. Goldsmith
Appellate Terms of the Supreme Court of New York · Decided March 3, 1966
49 Misc. 2d 882; 268 N.Y.S.2d 730; 1966 N.Y. Misc. LEXIS 2136

Counsel

P err ell, Nielsen & Stephens (Thomas O. Perr ell and John Nielsen of counsel), for appellant.

Roder v. Goldsmith

Opinion of the Court

Per Curiam.

The Civil Court lacked the power to assert in personam jurisdiction over the defendant on the basis of personal service of process in Nassau County. The action is founded On an out-of-city tort; the defendant is a nonresident of New York City, and the fact that he is regularly employed within the city will not justify extraterritorial service.

The orders should be reversed, with $10 costs, defendant’s motions granted and the complaint dismissed, with costs. .

Hofstadteb, J. P., Hecht and Gold, JJ., concur.

Orders reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.