Mathieu v. Braxton

OPINION OF THE COURT

David Friedman, J.

*772Effective January 1, 1997, CPLR 3211 (e) was amended to provide that “an objection that the summons and complaint * * * was not properly served, is waived if, having raised such an objection in a pleading, the objecting party does not move for judgment on that ground within sixty days after serving the pleading, unless the court extends the time upon the ground of undue hardship” (L 1996, ch 501, § 1). The question presented here is whether the statute as amended should be applied to actions pending prior to the effective date of the amendment.

This…