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Parrotta v. Wolgin

New York Supreme Court, Appellate Division
245 A.D.2d 872, 666 N.Y.S.2d 341 (1997)

Written by Steven Pacht, JD

Facts

Robert Parrotta (plaintiff) sued Norman Wolgin and others (collectively, Wolgin) (collectively, defendants) whom Parrotta contended were responsible for injuries Parrotta suffered while walking on a golf course. In March 1994, Parrotta attempted to serve Wolgin with a summons and complaint and an acknowledgement of service by mail, but the documents were returned unsigned to Parrotta’s counsel. Parrotta made no further attempt to serve Wolgin with a summons and complaint. Accordingly, Parrotta never filed proof of service with the court, as required by Civil Practice Law and Rules § 306-b. In March 1995, a claims representative for Wolgin’s insurance company, apparently acting on Wolgin’s behalf, asked Parrotta’s counsel for several extensions of time to answer the complaint. The insurance company also requested certain medical records, witness information, and the date of Parrotta’s injury. In June 1996, Wolgin moved for summary judgment on personal-jurisdiction grounds due to the lack of service and Parrotta’s failure to file proof of service. Parrotta responded that Wolgin waived any jurisdictional defense because Wolgin informally appeared in the litigation by requesting more time to file an answer and by seeking certain discovery. The supreme court denied Wolgin’s motion to dismiss. Wolgin appealed.

Rule of Law

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Issue

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Holding and Reasoning (Yesawich, J.)

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