SILVERS v. RIZZO


126 Misc.2d 191 (1984)

Ned Silvers et al., Plaintiffs, v. Anthony R. Rizzo, Defendant.

Supreme Court, Special Term, Nassau County.

October 18, 1984


Attorney(s) appearing for the Case

Alan Boockvar for plaintiffs. James L. Berenthal for defendant.


ALLAN L. WINICK, J.

Plaintiff moves pursuant to CPLR 3211 to strike the defense of lack of jurisdiction pleaded by the defendant in his answer or in the alternative, for an immediate traverse hearing to determine the adequacy of service.

Plaintiffs allege that the defendant, by asserting three unrelated counterclaims to the main action, waived the defense of lack of jurisdiction and, therefore, that defense should be stricken out. Defendant claims...

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