QUINN v. Frederick I. Weinbaum, M.D., Defendant-Respondent. (1997)

Supreme Court, Appellate Division, First Department, New York.

Mary QUINN, etc., et al., Plaintiffs-Respondents, v. BOOTH MEMORIAL HOSPITAL, et al., Defendants, Emmanuel G. Pappous, M.D., et al., Defendants-Appellants, Frederick I. Weinbaum, M.D., Defendant-Respondent.

Decided: May 20, 1997

Before ROSENBERGER, J.P., and NARDELLI, RUBIN and WILLIAMS, JJ.

David Goldstein, for Plaintiffs-Respondents. Caryn L. Lilling, for Defendants-Appellants. Kenneth Mauro, Timothy R. Capowski, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about March 31, 1995, which denied defendant-appellants' motion for summary judgment dismissing the complaint as against them for lack of personal jurisdiction, unanimously affirmed, without costs.

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, 33 N.E. 1075; Weinberg v. Colonial Williamsburg, 215 F.Supp. 633, 637 [E.D.N.Y.] ). To the extent that Simkins v. Gruenspan, 118 Misc.2d 107, 459 N.Y.S.2d 955 suggests that Farmer is no longer valid, it should not be followed.

MEMORANDUM DECISION.

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