Summary
finding that a correction officer's place of business was Rikers Island, not the Department of Correction headquarters in Manhattan
Summary of this case from Williams v. City of New YorkOpinion
3085.
Decided March 9, 2004.
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 21, 2002, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for a default judgment against the six individual defendants, unanimously affirmed, without costs.
Arnold E. DiJoseph III, for Plaintiff-Appellant.
Victoria Scalzo, for Defendants.
Before: Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ.
No jurisdiction was obtained over the individually named correction officers, who concededly worked at Rikers Island, by means of substituted service at the Department of Correction headquarters in Manhattan ( see Lorensen v. Digman, 1998 WL 37593, 1998 U.S. Dist LEXIS 861 [ND NY]). There are no disputed facts that would require a traverse hearing. In the absence of jurisdiction, these individuals were relieved of having to offer a meritorious defense or reasonable excuse for failing to answer the complaint ( European Am. Bank v. Legum, 248 A.D.2d 206, 208).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.