New York Court of Appeals

Frank Muslusky, Appellant v. Lehigh Valley Coal Company, Respondent

February 25, 1919225 N.Y. 584

Summary

The Court of Appeals held that a demand for a copy of the complaint is not a general or special appearance, and that a defendant who makes a special appearance solely to contest jurisdiction cannot move to dismiss the complaint for failure to serve under §480. Accordingly, the lower court's dismissal was reversed.