Legal Opinion
Rich v. Lefkovits
New York Court of Appeals
Decided June 10, 1982PublishedCited by 84 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Defendant’s defense that improper substituted service deprived the court of jurisdiction over his person was not waived by the form of the affirmative defense. Nor was defendant’s right to move to dismiss the complaint for lack of jurisdiction waived by a stipulation which extended defendant’s time to answer but made no reference to his right to move with respect to the complaint. However, defendant’s motion to dismiss pursuant to CPLR 3211 (subd [a], par 8), made after answer, should have been treated as a motion for summary judgment, and pursuant to CPLR 3211…
2Cases cited10 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- O'HARA v. Del BelloNew York Court of Appeals · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- 805 Third Ave. Co. v. M.W. Realty AssociatesNew York Court of Appeals · 1983
- Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- McLearn v. Cowen & Co.New York Court of Appeals · 1983
79 more not listed; retrieve them via the Exa API.