Home/New York Court of Appeals/Tomaszewski v. Cleveland

Tomaszewski v. Cleveland

432 N.E.2d 601, 55 N.Y.2d 852, 447 N.Y.S.2d 707, 1982 N.Y. LEXIS 3062
CourtNew York Court of Appeals
DecidedJanuary 14, 1982
StatusPublished
Cited by3 cases

This text of 432 N.E.2d 601 (Tomaszewski v. Cleveland) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tomaszewski v. Cleveland, 432 N.E.2d 601, 55 N.Y.2d 852, 447 N.Y.S.2d 707, 1982 N.Y. LEXIS 3062 (N.Y. 1982).

Opinion

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the motion by defendant Martinez to dismiss the complaint denied. We disagree with the holding of the Appellate Division basing its decision as to defendant Martinez on the invalidity of the order and postattachment procedure, issues which have been waived by defendant’s failure to timely raise them. Defendant also waived her objections to quasi in rem jurisdiction by failing to allege this ground in her answer (see Gager v White, 53 NY2d 475, 489).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtleé, Fuchsberg and Meyer.

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Cite This Page — Counsel Stack

Bluebook (online)
432 N.E.2d 601, 55 N.Y.2d 852, 447 N.Y.S.2d 707, 1982 N.Y. LEXIS 3062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tomaszewski-v-cleveland-ny-1982.