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Case Results

Successful Appeal and Reversal of Procedural Issue in the District Court

February 2010

Burnstein v. Sullivan - Supreme Court Appellate Term, Second Department

We represented the Plaintiff, a dentist, seeking payment for dental services rendered to defendant and her minor children. The defendant appeared and answered, asserting only a general denial and no affirmative defenses.

Later, we asked the court for summary judgment. In opposition to our motion, defendant asserted, for the first time, that service the complaint was improper. The District Court held our motion for summary judgment in abeyance and ordered that a traverse (or framed issue) hearing be held. 

We made the argument to the appellate court that the defendant timely appeared and answered in the case without making any objection based improper service. The appellate court agreed. Indeed, because defendant had already answered without objection, any objection based on a lack of personal jurisdiction should not have been considered by the District Court as a defense to plaintiff's motion for summary judgment, and a traverse hearing should not have been ordered.

Practice area(s): Appeals, Civil Litigation

Arnold A. Arpino

Managing Shareholder focusing on Creditor's Rights, Real Estate, & Non-Taxable Estate Planning.

Litigation for when you need us, intelligent counseling so you won't.

Arnold A. Arpino & Associates, P.C., is a full service law firm that represents individuals and businesses in a variety of different practice areas. Our firm regularly appears in the Courts throughout Long Island, New York City, and the Hudson Valley.