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ESTATE OF GARCIA v. THOMAS

257 A.D.2d 644 (1999)

682 N.Y.S.2d 629

ESTATE OF VICTOR GARCIA, Appellant, v. MICHAEL A. THOMAS et al., Respondents.

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

Decided January 25, 1999.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendants' defense of improper service was waived since they failed to move to dismiss the complaint based on this defense within 60 days of January 1, 1997, the effective date of chapter 501 of the Laws of 1996 amending CPLR 3211 (e). Accordingly, the Supreme Court should have denied the defendants' motion to dismiss based...

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