Aretakis v. Tarantino

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered October 18, 2001, which, inter alia, denied defendants’ motion to dismiss the complaint for lack of personal jurisdiction or as time barred or, in the alternative, to change venue to Albany County, unanimously affirmed, without costs.

Since defendants did not move to dismiss the complaint until more than 60 days after they served their answer, in which lack of personal jurisdiction was raised as an affirmative defense, the improper service defense was waived (CPLR 3211 [e]; Worldcom, Inc. v Dialing Loving Care, 269 AD2d…