Crook v. E. I. du Pont de Nemours Co.
Appellate Division of the Supreme Court of the State of New York
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
- O'HARA v. Del BelloNew York Court of Appeals · 1979
- Yonker v. Amol Motorcycles, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Schottin v. HaqueAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- Seavey v. Chrysler Corp.District Court, S.D. New York · 1996