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MONTCALM PUBL'G CORP. v. PUSTORINO

125 A.D.2d 188 (1986)

Montcalm Publishing Corporation, Appellant, v. Ernest E. Pustorino, Also Known as Edward Ernest, et al., Defendants, and Ralph Antonelli, III, et al., Respondents

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

December 4, 1986

Defendants Ralph Antonelli, III and Ralph Antonelli, III, doing business as Prism Printing, waived the affirmative defense of lack of personal jurisdiction due to improper service by making a preanswer motion to dismiss the fifth cause of action in plaintiff's amended complaint pursuant to CPLR 3211 (a) (5) without including their jurisdictional objection. CPLR 3211 (e) provides, in pertinent part, that: "An objection based upon a ground specified in paragraphs eight or nine...

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