Zucco v. Antin

Appellate Division of the Supreme Court of New York

Zucco v. Antin

257 A.D.2d 421, 682 N.Y.S.2d 354, 1999 N.Y. App. Div. LEXIS 207

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 1999

StatusPublished

Cited by2 cases

This text of 257 A.D.2d 421 (Zucco v. Antin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zucco v. Antin, 257 A.D.2d 421, 682 N.Y.S.2d 354, 1999 N.Y. App. Div. LEXIS 207 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered April 1, 1998, which denied defendant-appellant’s motion to dismiss the complaint for lack of jurisdiction due to improper service of process and granted plaintiffs cross motion to dismiss appellant’s affir[422]*422mative defense of lack of jurisdiction, unanimously affirmed, without costs.

The affirmative defense of lack of jurisdiction due to improper service was properly dismissed as waived for failure to move on such defense within 60 days of service of the answer that first asserted it (CPLR 3211 [e]). We reject appellant’s argument that the 60-day period was restarted upon his service of an amended answer as of right to an amended complaint that plaintiff served within the 60-day period (cf., Addesso v Shemtob, 70 NY2d 689). Concur—Rosenberger, J. P., Williams, Mazzarelli and Saxe, JJ.

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—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered April 1, 1998, which denied defendant-appellant’s motion to dismiss the complaint for lack of jurisdiction due to improper service of process and granted plaintiffs cross motion to dismiss appellant’s affir[422]*422mative defense of lack of jurisdiction, unanimously affirmed, without costs.

The affirmative defense of lack of jurisdiction due to improper service was properly dismissed as waived for failure to move on such defense within 60 days of service of the answer that first asserted it (CPLR 3211 [e]). We reject appellant’s argument that the 60-day period was restarted upon his service of an amended answer as of right to an amended complaint that plaintiff served within the 60-day period (cf., Addesso v Shemtob, 70 NY2d 689). Concur—Rosenberger, J. P., Williams, Mazzarelli and Saxe, JJ.

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Bluebook (online)

257 A.D.2d 421, 682 N.Y.S.2d 354, 1999 N.Y. App. Div. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zucco-v-antin-nyappdiv-1999.

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