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DINICU v. GROFF STUDIOS CORP.

215 A.D.2d 323 (1995)

626 N.Y.S.2d 800

Carolina V. Dinicu, Previously Known as Morocco, Appellant, v. Groff Studios Corp. et al., Respondents

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

May 25, 1995

Once a jurisdictional defense is raised in answer to the complaint, it is deemed timely asserted, and defendants do not waive the defense by asserting a "related" counterclaim, or by thereafter seeking discovery or participating in defense of the action (Textile Technology Exch. v Davis, 81 N.Y.2d 56; Bank Hapoalim v Kotten Mach. Co., 151 A.D.2d 374, 376). In this case, no waiver took place...

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