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IRVIO JIMINEZ, Plaintiff-Appellant, v. THE CITY OF NEW YORK, ET AL., Defendants, "JOHN" MASSAR, ET AL., Defendants-Respondents.

No jurisdiction was obtained over the individually named correction officers, who concededly worked at Rikers Island, by means of substituted service at the Department of Correction headquarters in Manhattan ( see Lorensen v. Digman, 1998 WL 37593, 1998 U.S. Dist LEXIS 861 [ND NY]). There are no disputed facts that would require a traverse hearing. In the absence of jurisdiction, these individuals were relieved of having to offer a meritorious defense or reasonable excuse for failing to answer the complaint ( European Am. Bank v. Legum, 248 A.D.2d 206, 208).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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JIMINEZ v. CITY OF NEW YORK
(Mar 9, 2004)