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DUTCHESS BANK & TRUST CO. v. HOLDEN CONSTR. CO.

49 A.D.2d 901 (1975)

Dutchess Bank & Trust Company, Respondent, v. Holden Construction Co. et al., Defendants, and Newton B. Schwartz, Appellant

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

October 14, 1975

Judgment affirmed, with $20 costs and disbursements.

Appellant, by voluntarily appearing, filing an answer and serving papers opposing plaintiff's motion for summary judgment in lieu of a complaint, without asserting a claim that the court lacked jurisdiction over his person, waived any objection he had on that ground (CPLR 3211, subd [e]; Matter of Rizika v Board of Assessors of Vil. of Herkimer, 62 Misc.2d 774). In...

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