Magwitch, L.L.C. v. Pusser's Inc.

This appeal is controlled by Farmer v National Life Assn. of Hartford, Conn. (138 NY 265 [1893]) and our decision in Quinn v Booth Mem. Hosp. (239 AD2d 266 [1997]). In Farmer, the plaintiff commenced an action in state Supreme Court, the defendant removed it to federal court, and the federal court remanded it to Supreme Court. The defendant then moved to dismiss on the grounds that it had not been properly served and that the admission of service was defective. On the defendant’s appeal to the Court of Appeals from the denial of its motion, the Court held that the defendant had waived this…