Solarino v. Noble

Plaintiff moves to strike defendant Noble’s separate defense of lack of jurisdiction. This defense was asserted for the first time in Noble’s amended answer, which was served as of right (CPLR 3025, subd. [a]) two days after service of the original answer. The original answer did not contain that defense. Plaintiff argues that the service of the original answer constituted a general appearance on Noble’s part, resulting in a waiver of his right to object to the court’s jurisdiction over him. In so arguing, plaintiff relies upon CPLR 320 (subd. [b]) and 3211 (subd. [e]), which require that the…