Massik v. Zimmerman — 26 A.D.2d 901

Majority

p. 901

George Massik, Appellant, v. Donald Zimmerman, Respondent.

Order unanimously reversed, with costs, and motion denied. Memorandum:

p. 902

By reason of the provisions of CPLR 302 (subd. [a], par. 2) personal jurisdiction over the defendant, a nondomiciliary at the time of service but who was a New York domiciliary at the time of the commission of alleged tortious acts within the State, was effected by personal service outside the State. (See State of New York v. Davies, 24 A D 2d 240 .) (Appeal from order of Erie Special Term dismissing complaint.) Present— Williams, P.J., Bastow, Goldman, Del Vecchio and Marsh, JJ. [ 48 Misc 2d 217 .]

Cases cited

State v. Davies 24 A D 2d 240 N.Y. App. Div. 1965-12-20 p. 902
Massik v. Zimmerman 48 Misc 2d 217 N.Y. Sup. Ct. 1965-11-22 p. 902