January 31, 2008

Alleged jurisdictional defects.

In an action to recover damages for legal malpractice, defendant cross-moved to dismiss for lack of jurisdiction, pursuant to CPLR 3211(a)(8). The Second Department denied the motion, in Day v. Davis, which was decided on January 22, 2008.

Contrary to defendant's contention, the summons with notice was not jurisdictionally defective merely because it omitted a specific dollar amount of money damages sought by plaintiff. In addition, since defendant held out as his business address the address where process was served, including maintaining it as his business address on his registration as an attorney with the Office of Court Administration, and thereby induced plaintiff's reliance on that address, he cannot now disclaim that this was his actual place of business for purposes of service of process.