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ARETAKIS v. TARANTINO

300 A.D.2d 160 (2002)

751 N.Y.S.2d 481

JOHN A. ARETAKIS, Respondent, v. CARMEN TARANTINO et al., Appellants.

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

Decided December 19, 2002.

Since defendants did not move to dismiss the complaint until more than 60 days after they served their answer, in which lack of personal jurisdiction was raised as an affirmative defense, the improper service defense was waived (CPLR 3211 [e]; Worldcom, Inc. v Dialing Loving Care, 269 A.D.2d 159). Defendants provided no basis for the court to extend the statutory deadline "upon the ground of undue hardship" (CPLR 3211 [e]) or upon...

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