Sanchez v. L.L.H. Recycled Aggregates

OPINION OF THE COURT

Angelo Graci, J.

When a jurisdictional defense is omitted from a defendant’s *42original answer, may it be asserted in an amended answer responding to an amended complaint?

This procedural query has been raised by the plaintiffs in their motion herein for an order pursuant to CPLR 3211 (b) granting partial summary judgment and dismissing the fifth affirmative defense asserted by defendant L.L.H. Recycled Aggregates in its answer to plaintiffs’ amended complaint.

The within action to recover for personal injuries was commenced by plaintiffs in late 1987. The defendant L.L.H.…