Gliklad v. Cherney

*402The IAS court erred in granting plaintiffs motion to strike defendant’s affirmative defense of lack of personal jurisdiction. Contrary to plaintiffs contention, defendant did not waive this defense by moving for summary judgment dismissing the complaint on the merits, given that defendant had previously raised the jurisdictional defense. Competello v Giordano (51 NY2d 904 [1980]) is distinguishable, as the defendant in that case failed to raise the defense of lack of personal jurisdiction in a motion pursuant to CPLR 3211 (a) (7).

Defendant failed to meet his burden of establishing that New…