CONNELLY v. RODRIQUEZ


73 Misc.2d 745 (1973)

John F. Connelly, Individually and as Parent and Natural Guardian of Sean Connelly, an Infant, et al., Plaintiffs, v. Gustav Rodriquez, Defendant.

Supreme Court, Monroe County.

April 9, 1973


Attorney(s) appearing for the Case

Traynor, Skehan & Marks (Homer H. Marks of counsel), for defendant. Harris, Beach and Wilcox (Edward R. Macomber of counsel), for plaintiffs.


JAMES H. BOOMER, J.

Service of the summons was made upon the defendant under subdivision 2 of CPLR 308 by leaving it with a person of suitable age and discretion at defendant's former dwelling place in Brooklyn, New York, and defendant moves to dismiss this action on the ground that the court does not have jurisdiction of his person. The question to be answered is whether, under the circumstances of this case...

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