Lig Shing Zee v. Hwa-Min Hsu

Order, Supreme Court, New York County (Edward Lehner, J.), entered May 7, 1998, which, to the extent appealed, denied defendant-appellant’s motion to dismiss the complaint pursuant to CPLR 3211 and 3212, unanimously affirmed, with costs.

Any unwaived jurisdictional claims appellant may have had related to personal and not subject matter jurisdiction and were, moreover, resolved in a prior order of the IAS Court not now before us. In any event, since the action was commenced prior to the January 1, 1993 advent of the CPLR’s “commencement by filing” provisions, “plaintiffs failure to file proof…