Legal Opinion
Boulay v. Olympic Flame, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 14, 1991PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
At issue on this appeal is whether a defendant who waives the defense of lack of personal jurisdiction by failing to include it in the answer to the original complaint can raise the defense in an answer to the amended complaint where the time within which to amend the original answer as of right has expired.
In April 1988 plaintiffs’ process server delivered a copy of the summons and complaint to the owner of the property where defendant’s restaurant was located. The complaint alleged that plaintiff Gratia Boulay had been injured on July 9, 1985 when she slipped…
2Cases cited4 opinions
- Addesso v. ShemtobNew York Court of Appeals · 1987
- Schoenborn v. Kinderhill Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- DeFilippis v. PerezAppellate Division of the Supreme Court of the State of New York · 1989
- Naccarato v. KotAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
- Urena v. NYNEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Iacovangelo v. ShepherdNew York Court of Appeals · 2005
- Mendrzycki v. CricchioAppellate Division of the Supreme Court of the State of New York · 2008
- Westinghouse Electric Supply Co. v. Pyramid Champlain Co.Appellate Division of the Supreme Court of the State of New York · 1993
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