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Quinn v. Booth Memorial Hospital

Appellate Division of the Supreme Court of New York, First Department
May 1, 1997
239 A.D.2d 266 (N.Y. App. Div. 1997)

Opinion

May 1, 1997

Appeal from Supreme Court, Bronx County (Alan Saks, J.),


Appellants' filing of a removal petition to Federal court effected a general appearance precluding their objections to defective service under CPLR 308(1) or (2) after the case was remanded to State court ( Farmer v. National Life Assn., 138 N.Y. 265; Weinberg v. Colonial Williamsburg, 215 F. Supp. 633, 637 [ED NY]). To the extent that Simkins v. Gruenspan ( 118 Misc.2d 107) suggests that Farmer is no longer valid, it should not be followed.

Concur — Rosenberger, J.P., Nardelli, Rubin and Williams, JJ.


Summaries of

Quinn v. Booth Memorial Hospital

Appellate Division of the Supreme Court of New York, First Department
May 1, 1997
239 A.D.2d 266 (N.Y. App. Div. 1997)
Case details for

Quinn v. Booth Memorial Hospital

Case Details

Full title:MARY QUINN et al., Respondents, v. BOOTH MEMORIAL HOSPITAL et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1997

Citations

239 A.D.2d 266 (N.Y. App. Div. 1997)
657 N.Y.S.2d 680

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