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FLEET BANK v. RIESE

247 A.D.2d 276 (1998)

668 N.Y.S.2d 611

Fleet Bank, N. A., Respondent, v. Dennis Riese, Appellant

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

February 17, 1998

Defendant's defense of improper service was properly deemed waived since he failed to move to dismiss the complaint based on this defense by March 3, 1997, i.e., 60 days after the January 1, 1997 effective date of chapter 501 of the Laws of 1996 amending CPLR 3211 (e) so as to require such a motion within 60 days after service of a pleading asserting such a defense (Chemical Fin. Servs. Corp. v Zagaro, 173 Misc.2d 745, 748)....

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