90 A.D.2d 844 | N.Y. App. Div. | 1982
In a negligence action to recover damages for personal injuries, etc., defendants Richard E. Domenech and Delia Domenech appeal from an order of the Supreme Court, Suffolk County (Becker, J.), dated February 3, 1982, which granted plaintiff’s motion to strike the affirmative defense of lack of personal jurisdiction from their answer. Order reversed, on the law, with $50 costs and disbursements, and motion denied. In support of his motion to strike appellants’ affirmative defense of lack of personal jurisdiction, plaintiff submitted an affidavit of service by a process server in which he stated that he attempted to effect personal service upon appellants at their residence, located at 725 Ferndale Boulevard, Central Islip, on Friday, June 5, 1981, at 2:50 p.m.; on Monday, June 8, 1981, at 6:35 p.m.; and on Wednesday, June 10, 1981, at 10:15 a.m. He stated further that having been unable, with