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Wolfe v. Blackman

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 1952
279 App. Div. 977 (N.Y. App. Div. 1952)

Opinion

March 19, 1952.

Present — Taylor, P.J., McCurn, Vaughan, Kimball and Wheeler, JJ.


Order reversed on the law, with $10 costs and disbursements and motion denied, with $10 costs. Memorandum: The action was commenced in the County Court of Monroe County by service of the summons on defendants on August 30, 1951. On September 6, 1951, the attorney for defendants filed a general notice of appearance and demand for a copy of the complaint. The complaint, served on September 20th, set up a cause of action based on negligence arising from a collision of motor vehicles in Monroe County. The complaint alleged that defendants were residents of Wayne County. The provisions of subdivision 3 of section 67 of the Civil Practice Act involve the question of jurisdiction of the person, not jurisdiction of the subject matter. Hence, by serving a general notice of appearance the defendants waived the right to attack the claim of jurisdiction over their persons. ( Muslusky v. Lehigh Valley Coal Co., 225 N.Y. 584; Meyers v. American Locomotive Co., 201 N.Y. 163; Yager v. Yager, 214 App. Div. 671; Davidoff v. Wurmser, Inc., 27 N.Y.S.2d 555, affd. 261 App. Div. 1087; Civ. Prac. Act, § 237-a.) All concur. (Appeal from an order granting defendants' motion to dismiss plaintiff's complaint for lack of jurisdiction of defendants, in an automobile negligence action.)


Summaries of

Wolfe v. Blackman

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 1952
279 App. Div. 977 (N.Y. App. Div. 1952)
Case details for

Wolfe v. Blackman

Case Details

Full title:JAMES WOLFE, Appellant, v. CLINTON BLACKMAN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 19, 1952

Citations

279 App. Div. 977 (N.Y. App. Div. 1952)

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