| Zion v Peters |
| 2008 NY Slip Op 03450 [50 AD3d 894] |
| April 15, 2008 |
| Appellate Division, Second Department |
| Mirelle Zion et al., Respondents, v Carlotta Peters,Appellant. |
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In an action to recover damages for personal injuries, etc., the defendant appeals from somuch of an order of the Supreme Court, Kings County (Held, J.), dated January 17, 2007, asdenied her renewed motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).
Ordered that the order is reversed insofar as appealed from, on the law, with costs and thematter is remitted to the Supreme Court, Kings County, for further proceedings consistentherewith.
The defendant's sworn, detailed, and specific statements that she no longer resided at theaddress recited in the process server's affidavit of service when service of the summons andcomplaint was purportedly made pursuant to CPLR 308 (4), entitled her to a hearing, before adetermination of her motion to dismiss, on the issue of whether personal jurisdiction wasacquired over her (see Dunn v Pallett,42 AD3d 807 [2007]; Bankers Trust Co. of Cal. v Tsoukas, 303 AD2d 343[2003]; Bank of Am. Natl. Trust & Sav. Assn. v Herrick, 233 AD2d 351 [1996]).Therefore, we remit the matter to the Supreme Court, Kings County, for such a hearing and anew determination thereafter. Lifson, J.P., Florio, Angiolillo and Chambers, JJ., concur.