[Ilaw] OSC to Dismiss

Good afternoon. Defendant in matrimonial action moves by NY attorneys by OSC to dismiss on subject matter and personal jurisdictional grounds alleging no marital contacts with NYS; even though Plaintiff alleges residence and parties have marital real properties in NYS. Defendant allegedly resides in India and personal service on him has not yet been effectuated; looking to do Hague service. Is the motion premature as there is no personal service yet? I asked if counsel would accept service and they refused. Thanks for any insight. Jody N. Gerber, Esq. 450 Seventh Avenue, Suite 2710 NY, NY 10123 (212) 683-6634