BOULAY v. OLYMPIC FLAME


165 A.D.2d 191 (1991)

Gratia Boulay et al., Respondents, v. Olympic Flame, Inc., Appellant

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

February 14, 1991


Attorney(s) appearing for the Case

James T. Viger (Robert M. Cohen of counsel), for appellant.

Capasso, Burns & Massaroni (Sven R. Paul of counsel), for respondents.

MAHONEY, P. J., WEISS, MERCURE and HARVEY, JJ., concur.


CASEY, J.

At issue on this appeal is whether a defendant who waives the defense of lack of personal jurisdiction by failing to include it in the answer to the original complaint can raise the defense in an answer to the amended complaint where the time within which to amend the original answer as of right has expired.

In April 1988 plaintiffs' process server delivered a copy of the summons and complaint...

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