CASUCCI v. VILL. OF WAPPINGERS FALLS


63 A.D.2d 724 (1978)

James Casucci, Appellant, v. Village of Wappingers Falls et al., Respondents

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

May 29, 1978


Order reversed, on the law, without costs or disbursements, and defendants' motion to dismiss the complaint on the ground of the Statute of Limitations is granted.

Since no motion pursuant to CPLR 3211 (subd [a]) was made before the answer was served, and the jurisdictional objection was not raised in the answer, the defendants submitted themselves to the court's jurisdiction and the plaintiff's failure to serve a summons was of no consequence (see CPLR 320; 3211...

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