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Quinn v. Booth Memorial Hospital

239 A.D.2d 266 Court N.Y. App. Div. Decision date 1997-05-20 English

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p. 266
Mary Quinn et al., Respondents, v Booth Memorial Hospital et al., Defendant, Emmanuel G. Pappous et al., Appellants,, and Frederick I. Weinbaum, Respondent.
[657 NYS2d 680]

Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about March 31, 1995, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them for lack of personal jurisdiction, unanimously affirmed, without costs.

Appellants’ filing of a removal petition to Federal court effected a general appearance precluding their objections to defective service under CPLR 308 (1) or (2) after the case was remanded to State court (Farmer v National Life Assn., 138 NY 265 ; Weinberg v Colonial Williamsburg, 215 F Supp 633 , 637 [ED NY]). To the extent that Simkins v Gruenspan ( 118 Misc 2d 107 ) suggests that Farmer is no longer valid, it should not be followed. Concur—Rosenberger, J. P., Nardelli, Rubin and Williams, JJ.

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