Coffman v. National Union Fire Ins. Co. of Pittsburgh, Pa

In Coffman v. National Union Fire Ins. Co. of Pittsburgh, Pa. (60 Misc. 2d 81 [Nassau Dist Ct 1969]), the automobile accident occurred in Queens County and the action arose out of a dispute over medical payments. The plaintiff and the defendant's insured resided in Queens County. The defendant insurance company had a Nassau office at the time of the accident but this office was subsequently closed before service of the summons and complaint. Service was made upon the defendant in New York County. Defendant moved to dismiss because no grounds existed under UDCA 404 for the court to exercise jurisdiction over the defendant. The court dismissed the action because no basis existed under the criteria of UDCA 404 to sustain jurisdiction and permit service outside the county. The court further noted that the complaint failed to allege jurisdictional facts which would allow the court to invoke in personam jurisdiction over the nonresident. Based upon the foregoing, the court dismissed the action without prejudice.