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BYRNES v. LANDRAU

740 A.2d 1113 (1999)

326 N.J. Super. 187

Richard BYRNES, Plaintiff-Respondent, v. George A. LANDRAU, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 1999.

Attorney(s) appearing for the Case

Patricia W. Holden, Westmont, for defendant-appellant (Post & Schell, attorneys; Ms. Holden, on the briefs).

Joel L. Pitman, Springfield, for plaintiff-respondent (Pitman, Pitman, Mindas & Lee, attorneys; Linda M. Sinuk, on the brief).

Before Judges STERN and KESTIN.

The opinion of the court was delivered by STERN, P.J.A.D.

We granted leave to appeal to decide whether the trial judge improperly denied defendant's motion to dismiss plaintiff's complaint for lack of in personam jurisdiction. The Law Division held that the defense can be waived (see R. 4:6-7), is waived if not timely asserted pursuant to R. 4:6-2 and 4:6-3, and was waived in this case because paragraphs 15 and 16 of defendant's answer did not...

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