Petrova v. Roberts

Headnote

Process — service — jurisdiction — non-resident alien, while attending court in this State as witness in action brought by him, may not be served with process in another action.

Petrova v. Roberts, 216 App. Div. 814 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial

department, entered April 16, 1926, which reversed an order of Special Term denying 'a motion by defendant to set aside service of the summons and complaint, and granted said motion. Defendant, a non-resident alien, was served with the summons and complaint herein while attending court as a witness in an action brought by him against the plaintiff herein.

The following question was certified: “ Is a non-resident alien party, who himself begins litigation in this State in his own interest against a citizen of the State, amenable to the service of a summons and complaint in an action brought by the citizen, where the claim upon which the suit of the citizen is brought existed at the time the action was- instituted by the non-resident, but could not be availed of as a defense or counterclaim therein? ”