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JOHNSON v. BORO MED. CTR. LOCAL NO. 563

89 A.D.2d 901 (1982)

Charlotte Johnson, as Administratrix of The Estate of Kenneth Johnson, Deceased, Respondent, v. Boro Medical Center Local No. 563, Appellant

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

August 23, 1982

Order dated June 1, 1981 affirmed insofar as appealed from, and order dated August 7, 1981 affirmed, without costs or disbursements.

While the assertion of lack of personal jurisdiction as an affirmative defense in the answer to the original complaint preserved this defense (see Rich v Lefkovits, 56 N.Y.2d 276; CPLR 3211, subd [e]), the motion for summary judgment based on this...

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