SOLARINO v. NOBLE


55 Misc.2d 429 (1967)

Anna Solarino, Plaintiff, v. Bert A. Noble et al., Defendants.

Supreme Court, Special Term, New York County.

December 15, 1967


Attorney(s) appearing for the Case

Anthony B. Cataldo for plaintiff. J. Robert Morris for Bert A. Noble, defendant.


SAMUEL A. SPIEGEL, J.

Plaintiff moves to strike defendant Noble's separate defense of lack of jurisdiction. This defense was asserted for the first time in Noble's amended answer, which was served as of right (CPLR 3025, subd. [a]) two days after service of the original answer. The original answer did not contain that defense. Plaintiff argues that the service of the original answer constituted a general appearance on Noble's part, resulting in a waiver...

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