Legal Opinion

Crook v. E. I. du Pont de Nemours Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1992No. Appeal No. 2PublishedCited by 1 opinion

1Opinion of the Court

— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in finding that, since defendants Hotsy Corporation (Hotsy) and National Chem-search (Chemsearch) made a CPLR 3211 (a) motion that did not challenge jurisdiction, they waived that defense even though it was contained in their answers. CPLR 3211 (e) permits a defendant to interpose an objection to personal jurisdiction either by making a motion to dismiss or by raising it as a defense in the answer (see, Siegel, Practice Commentaries, McKinney’s Cons…

2Cases cited3 opinions

  1. O'HARA v. Del BelloNew York Court of Appeals · 1979
  2. Yonker v. Amol Motorcycles, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Schottin v. HaqueAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. Seavey v. Chrysler Corp.District Court, S.D. New York · 1996

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