Wiebusch v. Bethany Memorial Reform Church

Order, Supreme Court, New York County (Diane A. Lebedeff, J.), entered on or about September 17, 2003, which denied defendant-appellant’s motion to dismiss the complaint as against it for lack of jurisdiction, unanimously affirmed, without costs.

The motion, which sought dismissal of the complaint as against appellant on the ground that the summons was delivered to a person who was not authorized to accept it on appellant’s behalf, was denied on the ground that appellant waived the defense of lack of jurisdiction by not pleading it in its answer. This was a simple oversight; in point of fact,…