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ZUCCO v. ANTIN

257 A.D.2d 421 (1999)

682 N.Y.S.2d 354

JUAN ZUCCO et al., Respondents, v. SANFORD ANTIN, Appellant, et al., Defendants.

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

Decided January 12, 1999.

The affirmative defense of lack of jurisdiction due to improper service was properly dismissed as waived for failure to move on such defense within 60 days of service of the answer that first asserted it (CPLR 3211 [e]). We reject appellant's argument that the 60-day period was restarted upon his service of an amended answer as of right to an amended complaint that plaintiff served within the 60-day period (cf., Addesso v Shemtob, 70 N.Y.2d 689

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