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ABITOL v. SCHIFF

180 Misc.2d 949 (1999)

691 N.Y.S.2d 753

Levy Abitol, Individually and as Administrator of The Estate of David Abitol, Deceased, Plaintiff, v. Michelle A. Schiff, Defendant.

Supreme Court, Queens County.

May 18, 1999

Attorney(s) appearing for the Case

Krantz & Phillips, L. L. P., New York City (Peter Schancupp of counsel), for plaintiff. Alio, Ronan, McDonnell & Kehoe, Melville (Thomas E. Scott of counsel), for defendant.

ARTHUR W. LONSCHEIN, J.

In 1996, CPLR 3211 (e) was amended so that a defendant who has served an answer asserting an objection of improper service of the summons and complaint is held to have waived the objection unless he moves for judgment on that ground within 60 days of serving the pleading. The time may be extended, upon the ground of undue hardship. The court here is called upon to determine the extent...

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