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TSIRULNIK v. BOTTON

288 A.D.2d 372 (2001)

732 N.Y.S.2d 896

ROMAN TSIRULNIK, Appellant, v. NATHAN BOTTON, Respondent, et al., Defendant.

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

Decided November 19, 2001.

Ordered that the judgment is affirmed, with costs, the order dated September 27, 1996, is vacated, and the plaintiff's motion to strike the defendant Nathan Botton's affirmative defense of lack of personal jurisdiction is denied.

The plaintiff's contention that the defendant Nathan Botton waived his affirmative defense of lack of personal jurisdiction is without merit. Botton raised that defense in an application to dismiss before he served his answer (see,

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