RICH v. LEFKOVITS


56 N.Y.2d 276 (1982)

Cloud Rich, Appellant, v. Albert M. Lefkovits, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 10, 1982.


Attorney(s) appearing for the Case

Michael C. Wimpfheimer and Henry Wimpfheimer for appellant.

Bruce F. Gilpatrick and Alfred C. Moran for respondent.

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


MEYER, J.

Defendant's defense that improper substituted service deprived the court of jurisdiction over his person was not waived by the form of the affirmative defense. Nor was defendant's right to move to dismiss the complaint for lack of jurisdiction waived by a stipulation which extended defendant's time to answer but made no reference to his right to move with respect to the complaint. However, defendant...

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