Legal Opinion
Iacovangelo v. Shepherd
New York Court of Appeals
Decided June 30, 2005PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
We hold that a defendant who omits from an answer a defense based on lack of personal jurisdiction has not waived the defense if the defendant corrects the omission before the time to amend the answer without leave of court has expired.
Facts and Procedural History
Goldie Gilchrist, a New York resident, was walking on a highway in Georgia when she was hit by a truck owned by David Shepherd and driven by Thomas Rouse. Shepherd and Rouse are residents of Georgia. Gilchrist died several months later, and her administrator sued Shepherd and Rouse in New York,…
2Cases cited6 opinions
- Addesso v. ShemtobNew York Court of Appeals · 1987
- Blatz v. BenschineNew York Supreme Court · 1967
- DeFilippis v. PerezAppellate Division of the Supreme Court of the State of New York · 1989
- Abrams v. Community Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Boulay v. Olympic Flame, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
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3Cited by15 opinions
- GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Part 60 RMBS Put - Back Litig.Appellate Division of the Supreme Court of the State of New York · 2021
- Mendrzycki v. CricchioAppellate Division of the Supreme Court of the State of New York · 2008
- Moezinia v. AshkenaziAppellate Division of the Supreme Court of the State of New York · 2016
- Curry v. D'OnofrioAppellate Division of the Supreme Court of the State of New York · 2006
10 more not listed; retrieve them via the Exa API.