WAHRHAFTIG v. SPACE DESIGN GROUP, INC.


29 A.D.2d 699 (1968)

Joseph M. Wahrhaftig et al., Appellants, v. Space Design Group, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 12, 1968


Per Curiam.

In their amended answer, by way of an affirmative defense, the defendants for the first time objected to jurisdiction, alleging that "the Court does not have jurisdiction of the person of either of the defendants herein in that neither of the defendants were served with a copy of the summons." The motion, not being made "before service of the responsive pleading" (CPLR 3211, subd. [e]), was not timely and should have been denied on that ground....

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