Spinnell v. Doris L. Sassower, P.C

In Spinnell v. Doris L. Sassower, P.C., 155 Misc.2d 147 (Civ. Ct., N.Y. Co. 1992) (Stallman, J.) the plaintiff had previously sued the defendant Westchester County resident in New York County Civil Court. The lawsuit was dismissed for lack of personal jurisdiction under NYCCCA 403 and 404, the analogues of UDCA 403 and 404. The plaintiff thereupon commenced the same action in Supreme Court, New York County. During routine screening, the case was transferred to Civil Court pursuant to CPLR 325(d). Upon the defendant's motion to dismiss, the Civil Court in Spinnell determined that although jurisdiction had been properly obtained for purposes of the Supreme Court action, the Civil Court was "constrained" to grant the motion to dismiss the case now that it had been transferred to Civil Court, by reason of the same Civil Court personal jurisdictional defect which had required the prior Civil Court action's dismissal. (155 Misc.2d at 155.)