Legal Opinion
NYRU, Inc. v. Forge Restaurant, LLC
Appellate Division of the Supreme Court of the State of New York
Decided February 14, 2012Published
1Opinion of the Court
Defendant waived the defense of lack of personal jurisdiction by failing to plead it in its answer and by failing to move to dismiss the complaint on that ground within 60 days after serving its answer (see CELR 3211 [a] [8]; [e]; Wiebusch v Bethany Mem. Reform Church, 9 AD3d 315 [2004]). The motion court properly granted plaintiff leave to amend the complaint to correct defendant’s name, since process was served on an employee of defendant, defendant participated in discovery, and no prejudice to defendant from the amendment was demonstrated (see CPLR 305 [c]; Rivera v Beer Garden, Inc., 51…
2Cases cited6 opinions
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Steele v. Delverde S.R.L.Appellate Division of the Supreme Court of the State of New York · 1997
- Rodriguez v. Dixie N.Y.C., Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Rivera v. Beer Garden, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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