O'Callaghan v. Brown, 114 A.D.2d 443 (N.Y. App. Div. 2d Dep't 1985). · Go Syfert
O'Callaghan v. Brown, 114 A.D.2d 443 (N.Y. App. Div. 2d Dep't 1985). Cases Citing This Book View Copy Cite
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  • AMK Capital Corp. v. Cifre Realty Corp. (N.Y. Sup. Ct. 2023).unpublished
    If the denial of service is factually specific, then the court must hold a traverse hearing before deciding whether it has personal jurisdiction over the defendant ( Frankel at 659 ; Powell at 444).
Retrieving the full opinion text from the archive…
John O'Callaghan, Sr., as Parents and Natural Guardians of John O'Callaghan, Jr.
v.
Mary A. Brown
Appellate Division of the Supreme Court of the State of New York.
Oct 21, 1985.
Published opinion
114 A.D.2d 443
1985 N.Y. App. Div. LEXIS 53136
Published

—In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated January 20, 1984, which, after a traverse hearing, granted the motion of defendants Brown to dismiss the complaint and all cross claims against them for lack of in personam jurisdiction.

Order affirmed, with costs to respondents Brown.

Special Term’s determination that plaintiffs failed to sustain their burden of providing compliance with the requirements of CPLR 308 (4) is fully supported by the record on appeal. Bracken, J. P., Weinstein, Kunzeman and Hooper, JJ., concur.