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COMPETELLO v. GIORDANO

51 N.Y.2d 904 (1980)

Albert Competello, as Administrator of The Estate of Theresa Competello, Deceased, et al., Appellants, v. Anthony Giordano, Respondent.

Court of Appeals of the State of New York.

Decided November 11, 1980.

Attorney(s) appearing for the Case

Martin Edelman and Jerome Edelman for appellants.

Norman Bard, Sandra Krevitsky and Lawrence Kanterman for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiffs' motion to strike the affirmative defense of lack of personal jurisdiction should be granted, and the certified question is answered in the negative. Defendant waived the affirmative defense of lack of personal jurisdiction by making a motion under CPLR 3211 (subd [a], par 7) without including his jurisdictional objection (CPLR 3211...

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