JIMINEZ v. CITY OF NEW YORK

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.