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WADE v. BYUNG YANG KIM

250 A.D.2d 323 (1998)

681 N.Y.S.2d 355

John P. Wade et al., Respondents, v. Byung Yang Kim et al., Defendants, and Joannes H. Morsch, Appellant

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

December 7, 1998

Attorney(s) appearing for the Case

Pilkington & Leggett, P. C., White Plains (William V. Coleman of counsel), for appellant.

Henderson & Brennan, White Plains (John T. Brennan and Lauren J. DeMase of counsel), for respondents.

MILLER, THOMPSON and LUCIANO, JJ., concur.

MANGANO, P. J.

The question to be answered on this appeal is whether the defense of improper service raised by the defendant Joannes Hendrick Morsch is deemed waived due to his failure to timely move to dismiss the complaint based on this defense pursuant to CPLR 3211 (e). In our view, this question must be answered in the affirmative.

The plaintiffs commenced an action in 1994, under index No. 2974...

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