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SANCHEZ v. L.L.H. AGGREGATES

147 Misc.2d 41 (1990)

Andres Sanchez et al., Plaintiffs, v. L.L.H. Recycled Aggregates et al., Defendants. L. B. Smith, Inc., Third-Party Plaintiff, v. Midhampton Asphalt Corp. et al., Third-Party Defendants. Cedarapids, Inc., Third-Party Plaintiff, v. Midhampton Asphalt Corp. et al., Third-Party Defendants.

Supreme Court, Queens County.

April 6, 1990

Attorney(s) appearing for the Case

Subin Associates, P. C. (Gene L. Chertock of counsel), for plaintiffs. Gordon & Silber, P. C. (Glenn E. Richardson of counsel), for L.L.H. Recycled Aggregates, defendant.

ANGELO GRACI, J.

When a jurisdictional defense is omitted from a defendant's original answer, may it be asserted in an amended answer responding to an amended complaint?

This procedural query has been raised by the plaintiffs in their motion herein for an order pursuant to CPLR 3211 (b) granting partial summary judgment and dismissing the fifth affirmative defense asserted by defendant L.L.H. Recycled...

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