APICELLA v. VALLEY FORGE MILITARY ACAD. & JUNIOR COLL.


97 A.D.2d 392 (1983)

Jerry Apicella, an Infant, By His Parent and Natural Guardian, Valerie Apicella, et al., Respondents, v. Valley Forge Military Academy and Junior College, Appellant

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

October 3, 1983


The only issue before this court is whether defendant can properly be prevented, as a condition for serving a late answer, from pleading an alleged lack of in personam jurisdiction as a defense. In other words, is such a condition a term "as may be just" under CPLR 2004? If the record supported a conclusion that defendant had waived this defense (see, e.g., Osserman v Osserman, 92 A.D.2d 932), then we would have no inhibition against...

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