Fleet Bank, N. A. v. Riese
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered September 15, 1997, awarding plaintiff damages against defendant, and bringing up for review an order, entered on or about August 20, 1997, which, insofar as challenged, dismissed defendant’s affirmative defense of lack of jurisdiction, unanimously affirmed, with costs.
Defendant’s defense of improper service was properly deemed waived since he failed to move to dismiss the complaint based on this defense by March 3, 1997, i.e., 60 days after the January 1, 1997 effective date of chapter 501 of the Laws of 1996 amending…
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