17 East 89th Street Tenants, Inc. v. Tsabbar

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered April 29, 2003, which denied defendant’s motion to dismiss and granted plaintiff summary judgment on its entire complaint, including claims for ejectment, use and occupancy, attorney fees and rent arrears, unanimously affirmed, without costs.

The record reflects proper service of the notices of default and termination. The affirmative defense challenging the manner of service of the summons and complaint was waived when defendant failed to specify this ground in his subsequent motion to dismiss (CPLR…