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MITCHELL v. CUNNINGHAM

281 A.D.2d 192 (2001)

721 N.Y.S.2d 527

REGINA MITCHELL et al., Appellants, v. THOMAS CUNNINGHAM, Also Known as THOMAS J. CUNNINGHAM, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 8, 2001.

There is no merit to plaintiffs' contention that defendant is estopped from asserting that New York courts lack jurisdiction over his person because he failed to notify the Department of Motor Vehicles of his new, out-of-State address pursuant to Vehicle and Traffic Law § 505 (5) (see, Keane v Kamin, 94 N.Y.2d 263). There is simply no jurisdictional predicate for this action. Defendant was not a domiciliary of New York, either...

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