SENECA INSURANCE COMPANY, INC. v. HONG KONG HANG WO (U.S.A.) INC.


268 A.D.2d 211 (2000)

700 N.Y.S.2d 680

SENECA INSURANCE COMPANY, INC., Respondent, v. HONG KONG HANG WO (U.S.A.) INC., Appellant.

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

Decided January 4, 2000.


Defendant failed to controvert the trial evidence tending to establish plaintiff's standing as a duly licensed insurance company. Moreover, defendant failed to affirmatively plead the defenses it now raises in regard to plaintiff's status. Hence, these defenses were waived. Also waived was defendant's claim of jurisdictional deficiency based upon plaintiff's failure to timely file an affidavit of service, since defendant appeared and defended the action without raising that...

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