DOMANSKY v. BERKOVITCH


251 A.D.2d 3 (1998)

673 N.Y.S.2d 646

Martin Domansky, Individually and as Shareholder of Mermaid Plaza Associates, Inc., et al., Respondents, v. Alexander Berkovitch et al., Appellants

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

June 2, 1998


The IAS Court properly struck defendants' affirmative defenses asserting that the court lacked both subject matter jurisdiction and personal jurisdiction over defendants. In this connection, we note first that the amended complaint was not, as defendants contend, a nullity because plaintiffs never sought leave to amend the complaint by written notice of motion. Plaintiffs' oral request to add additional claims and parties was granted by the IAS Court during a session of court...

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